Cameo Clips

The U.S. Circuit Court of Appeals for the Ninth Circuit ruled that a general release signed by the individual on whom the film 'Flashdance' was based barred her claim to a co-authorship interest in the film copyright, as well as her additional claims. Marder v. Lopez, 04-55615. Maureen Marder sued over a 2003 music video featuring Jennifer Lopez that recreated scenes from 'Flashdance.' Marder's complaint included copyright, Lanham Act, unfair competition and right of publicity claims. The appeals court noted that the language of the 1982 release that Marder had signed with Paramount Pictures was 'exceptionally broad and we hold that it is fatal to each of Marder's claims against Paramount. ' [T]hough in hindsight the agreement appears to be unfair to Marder ' she only received $2300 in exchange for a release of all claims relating to a movie that grossed over $150 million ' there is simply no evidence that her consent was obtained by fraud, deception, misrepresentation, duress, or undue influence. Indeed, when she signed the Release, Marder was represented by counsel. She has not asserted that her counsel in 1983 was incompetent or deficient in any way.'

The release stated in part that Marder 'releases and discharges Paramount Pictures Corporation ' of and from each and every claim, demand, debt, liability, cost and expense of any kind or character which have arisen or are based in whole or in part on any matters occurring at any time prior to the date of this Release.' The appeals court noted that Marder's copyright claims were based on her contributions to the film screenplay, and this involved 'matter' from before the date she signed the release. The court added that it wasn't 'impermissibly redundant to secure a waiver of claims and a grant of rights in the same document.'

The Supreme Court of New York, New York County, decided that the producers of several films by Woody Allen had the right, under a settlement agreement between Allen and the producers, to make a modified version of each movie for network television and airline exhibition. Moses Productions Inc. v. Sweetland Films, 602330/01. The settlement agreement had been reached after Allen's personal services corporation sued the producers to collect monies from the films. Allen's original creative-control clause with the producers stated in essence that Allen would have 'final and complete creative control over the [films].' The movies at issue in the settlement-agreement dispute included 'Bullets Over Broadway,' 'Celebrity,' 'Deconstructing Harry' and 'Mighty Aphrodite.'