New Line Cinema, et al. vs. Koch Entertainment, LP, et al.

Ok, everyone else go so creative with the headlines for this lawsuit, I figured I’d be dull and just designate it for what it is:

NEW LINE CINEMA CORPORATION, NEW LINE PRODUCTIONS, INC, NEW LINE DISTRIBUTION, INC., NEW LINE HOME ENTERTAINMENT, INC., NEW LINE INTERNATIONAL RELEASING, INC., and KATJA MOTION PICTURE CORP., Plaintiffs

-against-

KOCH ENTERTAINMENT LP, SCHWARTZ & COMPANY, INC., KOCH ENTERTAINMENT DISTRIBUTION, KOCH VISION, and XYZ CORPORATIONS 1 through 500 and JOHN DOES 1 through 500,

Defendants.

I have to admit, I do like the way E! online has put the headline: Golden Compass Points to Lawsuit.

But I’m not in a creative enough mood to come up with something clever like that. Bottom line is this:

New Line Cinema, the studio behind the $180 million, big-screen adaptation of the best-selling fantasy novel, has sued a video company over its documentary on the book’s author.

According to the Federal District Court Complaint filed November 15, 2007, this action seeks

injunctive relief and damages based upon copyright infringement, unfair competition, false advertising and other violations of Plaintiffs’ rights engaged in by Defendants in marketing and selling, to the trade and to the general public, a home video entitled Beyond The Golden Compass (the “Infringing Video”), which is being misleadingly marketed so as to unlawfully capitalize on the goodwill relating to Plaintiffs’ soon-to-bc-released major motion picture entitled The Golden Compass (“Plaintiffs Film”), and which infringes Plaintiffs’ exclusive rights under copyright to create film and/or television works based on materials, characters and other elements from the famous Philip Pullman novel Northern Lights, on which Plaintiffs’ Film is based.

(Read the Complaint here)

The E! article does a good job boiling the details down. According to the artice

At issue is Beyond the Golden Compass: The Magic of Philip Pullman, a 70-minute documentary that Koch was due to be released on DVD on Tuesday.

In its $10 million-plus lawsuit, New Line accuses Koch of trying to “capitalize on the massive publicity and promotional effort attendant to the upcoming release of the plaintiff’s film.” (Source)

The Complaint has sought eight separate claims of Copyright violation, violations under the Lanham Act, and Unfair Competition. The Complaint seeks damages and injunctive relief as follows:

(a) On Plaintiffs’ First, Third, Fifth and Seventh Claims for Relief, awarding preliminary and permanent injunctive relief enjoining Defendants from manufacturing, publishing, marketing, distributing or selling the Infringing Video;

(b) On Plaintiffs’ Second, Fourth, Sixth and Eighth Claims for Relief, awarding compensatory damages in an amount to be determined at trial, but believed to be in excess of $10,000,000;

(c) Awarding Plaintiffs all other damages suffered by Defendants1 wrongful acts, including reasonable attorneys’ fees pursuant to 17 ILS.C § 505 and/or 15 U.S.C. §1117 and the costs of this action;

(d) Awarding Plaintiff’ statutory damages for Defendants’ knowing and willful infringement; and

(e) Awarding Plaintiffs such other and further relief as the Court deems just and proper.

Comments:

  1. I don’t what about copyright infringement excites me so, but I just love it. I love the effrontery of some “artists”. Copyright infringement always make me think of a child pretending to play the child’s game of hide and seek; on the other hand, I love the visual of an impudent team of “artists” late at night tweaking “their product” ever so slightly as if to fool everyone in the world.

    Back in May, there were several reports circulating of a magical world of copyright infringement. To most, the Chinese amusement park would appear to be an exact replica of Disneyland. However, with a simple name changes all is right in the world and presto you have a Magic Kingdom right in China! You say mouse – they say it’s a cat, with really big ears!

    Copyright infringement is a world wide epidemic that can only be combated with the participation and mutual appreciation of art. Art, like a painting, (or an amusement park or a movie) is shared through it’s appreciation. China and in this case, Koch Entertainment, don’t value art. To such infringers, art appears to be something that can be stolen, with half the amount of work, for the advantage of others. To such infringers, I say you can stop pretending we can see you…

    Comment by C. Turano on December 3, 2007 at 9:33 am

  2. very interesting, but I don’t agree with you
    Idetrorce

    Comment by Idetrorce on December 15, 2007 at 5:26 am

Submit a comment: