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Sylvester Stallone Wins Movie Copyright Lawsuit
Author: Scarinci Hollenbeck, LLC
Date: January 4, 2013
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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
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