Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Sylvester Stallone Wins Movie Copyright Lawsuit
Author: Scarinci Hollenbeck, LLC
Date: January 4, 2013
Key Contacts
Back
Sylvester Stallone will not have to face a copyright lawsuit that charges him with plagiarism after a district judge in Manhattan upheld a previous court decision dismissing the case.
U.S. District Judge Jed Rakoff rejected claims brought on by screenwriter Marcus Webb, who argued that Stallone’s “The Expendables” plot had “striking similarities” to his movie, “The Cordoba Caper.” In addition to suing Stallone, Lions Gate Entertainment Corp and Nu Image Films were also listed as defendants in the case.
In the lawsuit, Webb said that both movie plots were set in Latin American countries ruled by a villain dictator known as General Garza. He said the plots were also similar and contain many of the same characteristics. Overall, the screenwriter named 20 similarities between the two films, the most prominent of which was the use of mercenaries to take down a dictator.
Judge Rakoff said that no reasonable jury would find these claims sufficient enough to constitute copyright infringement or plagiarism.
“The court has carefully examined the entire litany of plaintiff’s proffered ‘striking similarities’ and finds none of them remotely striking or legally sufficient,” Rakoff wrote in his ruling. “These are two very different screenplays built on a familiar theme: mercenaries taking on a Latin American dictator.”
He also noted that co-writer David Callaham had already completed three rough drafts of the screenplay before Webb had completed his. Copyright infringement lawsuits – which are complex and costly– are a more common occurrence than many entertainment artists may realize. It’s never a bad idea to maintain legal representation when developing a screenplay that involves several different parties. Doing so can help screenwriters avoid the costly litigation associated with plagiarism and copyright claims.
- Industries: Entertainment & Media
- Locations: New York City
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
What Every Real Estate Investor Should Know Before Buying a Rental Property
Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe
Can You Change an Irrevocable Trust in New Jersey?
In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer
How Intellectual Property Valuation Will Impact Business Transactions
Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel
Data Center, Dark Fiber, and Lit Services Agreements in New Jersey: Key Terms and Legal Pitfalls
For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]
Author: George McGowan
Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate
The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]
Author: Donald M. Pepe
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand
Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.