Seth MacFarlane Accused Of Copyright Infringement

Recently, I wrote an article about a questionable case of copyright infringement in the music industry.

Dealing with copyright lawsuits in the music business can be tricky – it’s very difficult to prove that a bass line or melody was stolen, given the likelihood of multiple people coming up with the same tune. A lawsuit caught my eye this week involving the same legal issues, but focusing on a different industry: film.

Seth MacFarlane Law Suit

Seth MacFarlane, the creator of hit show “Family Guy,” and recently debuted films “Ted” and “A Million Ways to Die in the West,” has been sued for alleged copyright infringement over “Ted.” The creator of a web series that debuted in 2009 on YouTube, Facebook, iTunes, FunnyorDie and Vimeo claims that its show, entitled “Acting School Academy”, bears too many similarities to the movie – namely the bear.

The show featured a teddy bear who, like “Ted,” enjoys smoking, drinking, prostitutes and “is a generally vulgar, yet humorous character,” the lawsuit states. Seth MacFarlane, Fuzzy Door Productions, Media Rights Capital II, MRC II Distribution and Thunder Buddies are named as defendants. The creator of “Acting School Academy” seeks actual, compensatory and statutory damages, disgorgement of profits, costs and an injunction.

If successful, this would be quite a payout for the plaintiff, as “Ted” took in over $500 million worldwide. Let’s take a closer look at what it would take for a ruling to be made in favor of the plaintiff.

Copyright infringement

First off, in order to establish infringement, the plaintiff needs to prove (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.

Ownership appears relatively easy to establish in this case, as the work was publicly distributed at the time it was created – 2009 – which significantly predates the creation of “Ted.” Originality in the author is a necessary component, however, so there is possibly some room for the defendants to argue that a “vulgar yet humorous” teddy bear lacks originality in this context. In most cases, however, the most attention is paid to analysis regarding whether the defendant’s work resembles the plaintiffs in such a way that (1) original elements of the plaintiff’s work were actually copied, and (2) that such copying constitutes an improper appropriation of the plaintiff’s work.

Element (2) here is easy: if it were to be deemed that “Ted” copied original elements and then sold them for profit, it would absolutely be considered an improper appropriation. Element (1) is much harder. This relies on (1) access to the plaintiff’s work, and (2) probative similarities between the works. Since the plaintiff’s work was widely distributed here, access is generally assumed.

The result is that, in all likelihood, a jury or judge will be called upon to decide whether the similarities between the two works are enough for a copyright infringement ruling.

As an entertainment attorney, the legal aspects of the industry regarding copyright infringement can be tricky. Find out how copyright infringement has affected other areas of the sports and entrainment world here:

• Is Copyright Infringement an Issue in Hollywood?
• How Can Musicians Protect Their Work from Copyright Infringement?
• Eminem Hits Facebook With Copyright Infringement Lawsuit
• Kanye West Faces Copyright Infringement Lawsuit
• Academy Awards Settles Copyright Infringement Lawsuit with Rental Company