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
Tariff Response Options for Small Businesses Facing Financial Distress
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
Common Causes of Partnership Disputes and How to Resolve Them
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
Businesses Are Facing Financial Headwinds—A Practical Guide
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
Author: Scott H. Novak
President Trump's Termination of Member Gwynne Wilcox
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
Breach of Contract Explained: Types and Consequences
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
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.