Bullying Bollywood !!

Sneh-Jiwan thumbnail
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Posted: 16 years ago
#1

Bullying Bollywood

Warner Bros., the producers of "The Curious Case of Benjamin Button," have placed advertisements in the Times of India and elsewhere to warn Indian producers not to make a film with any similar story, under pain of lawsuit. According to a report on Rediff India Abroad,

There were rumours doing the rounds that Vipul Shah is remaking Benjamin Button with Akshay Kumar. In fact, shooting for the film—titled Action Replay—is underway.

Am I mistaken, or isn't the F. Scott Fitzgerald story "The Curious Case of Benjamin Button" in the public domain? Here's what Wikisource says:

This work is in the public domain in the United States because it was was published before January 1, 1923. The author died in 1940, so this work is also in the public domain in countries and areas where the copyright term is the author's life plus 60 years or less.

So if there's no legal restriction on republication of the story, why would there be any restriction on an adaptation? Or is Warners simply trying to get the Indian producers to abandon the project by threatening them with the annoyance, delay, and expense of defending a lawsuit, however baseless?

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bunbutt_too thumbnail
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Posted: 16 years ago
#2
The U.S. Copyright Law protects an orginal piece of music or fiction for 75 years after the death of the original creator. Given that Fitzgerald died in 1940, his work is still protected under the U.S. Copyright laws and is exempt from "Fair Use" since the users stand to make a lot of money.
I am not sure how Warner Brothers figure in this equation ......unless of course they purchased the copyright, or there is someone at their organization who is a direct heir of Fitzgerald. Nevertheless, warning Bollywood is not bullying, as suggested, since that organization has never shown any respect for anybodys Intellectual Property ever, and I am certain that none of Fitzgerald's heirs are involved in the Indian project, nor stand to benefit from it.
Edited by bunbutt_too - 16 years ago

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