Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.
First off today, Dominic Patten and Dino-Ray Ramos at Deadline reports that the lawsuit against Stranger Things creators Matt and Ross Duffer has abruptly been withdrawn by the plaintiff just days before it was supposed to head to a trial.
The lawsuit was filed by film creator Charles Kessler, who claimed that he approached the Duffer Brothers about a similar series idea only to have his idea rejected and then used by them. The lawsuit had survived a motion for summary judgment and was scheduled to go to a trial tomorrow but Kessler has now dropped the lawsuit, saying that evidence introduced from 2010-2013 shows that the brothers independently created the show.
The dismissal brings an end to the lawsuit and further paves the way for Stranger Things season 3, which is scheduled to debut July 4.
Next up today, Eriq Gardner at The Hollywood Reporter Esquire reports that the state of North Carolina is being sued by filmmaker Rick Allen over alleged misuse of images and video he shot of a shipwreck of the state’s coast. However, the state is claiming immunity and saying that they cannot be held liable for this, or any, copyright infringement.
According to Allen, he shot footage of Blackbeard’s flagship, Queen Anne’s Revenge, which sank off the coast of North Carolina. The state initially used still images from his expedition on a website promoting the state but, when he raised the issue with the state, they paid him $15,000 for the infringement and took the images down. However, they then uploaded video from his film prompting Allen to file a lawsuit.
However, that lawsuit is running into a pair of problems. First, the 11th Amendment prohibits lawsuits against states being filed by citizens in federal courts. Second, between the two uses, North Carolina passed a bill that made all photos and videos of shipwrecks in their water a matter of “public record” they could use freely. The case may now be heading to the Supreme Court as court is looking for advice on whether or not it should take this particular case.
Finally today, Bethy Squires at Vulture reports that comedian Louis C.K. is touring again but those that go to one of his sets will receive a stern copyright warning that aims to deter people from recording or otherwise sharing his material.
The warning, which begins with “Louis CK owns all the rights in the content and materials,” and continues to threaten, “Any use of materials without the express prior written consent of Louis CK is strictly prohibited and shall be subject to all available legal remedies, whether in equity or at law at the cost of anyone who violates this prohibition.”
The move comes after, in December, someone shared video and audio of Louis C.K. mocking Parkland shooting survivors on stage. That incident itself came after a string sexual harassment claims were made against Louis C.K., prompting him to take time away from touring and active promoting. This has resulted in many mocking the comedian’s interest in consent but some comedians, though still critical of Louis C.K. as a person, are defending the warning, noting that such recordings are a huge problem.