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 Posted:   Aug 10, 2016 - 8:17 PM   
 By:   Sir David of Garland   (Member)

I remember that Rozsa went to court over a theme from THE KILLERS [?] being used in the Dragnet radio and/or TV series.

Are there any other interesting cases involving film music?

 
 
 Posted:   Aug 10, 2016 - 8:21 PM   
 By:   Chris Avis   (Member)

Well the big one I think of is Elliott Goldenthal vs. Tyler Bates over Bates' "borrowing" of material from Titus to use in 300. Goldenthal won and some have speculated that this had a chilling effect on his Hollywood career.


And wasn't Disney/James Horner sued for his borrowing of Powerhouse by Raymond Scott and Amacord by Nino Rota in Honey I Shrunk the Kids?

Chris

 
 Posted:   Aug 10, 2016 - 8:32 PM   
 By:   thx99   (Member)

Les Baxter v. John Williams
http://www.filmscoremonthly.com/articles/2000/27_Apr---Baxter_v_Williams_Lawsuit_Recap.asp

CBS sued by Morton Stevens' children over Hawaii Five-O Theme
http://www.filmscoremonthly.com/board/posts.cfm?threadID=108962&forumID=1&archive=0

 
 
 Posted:   Aug 10, 2016 - 8:33 PM   
 By:   JSDouglas   (Member)

I believe Monty Norman sued to prevent credit for composing the James Bond Theme going to John Barry.

And I believe Les Baxter sued John Williams for using one of his pieces as the theme for ET.

Baxter lost but Norman won.

 
 
 Posted:   Aug 10, 2016 - 8:35 PM   
 By:   bpdl   (Member)

Well the big one I think of is Elliott Goldenthal vs. Tyler Bates over Bates' "borrowing" of material from Titus to use in 300. Goldenthal won and some have speculated that this had a chilling effect on his Hollywood career.


And wasn't Disney/James Horner sued for his borrowing of Powerhouse by Raymond Scott and Amacord by Nino Rota in Honey I Shrunk the Kids?

Chris


The Horner/Disney/Rota lawsuit is a myth that needs to die. Nino Rota is credited on the cue sheet. Don't recall if Powerhouse is. Danny Elfman was going to sue Disney (not Horner) because he claimed parts of Honey I Shrunk the Kids lifted from Pee-Wee's Big Adventure. Nothing came of it.

 
 
 Posted:   Aug 10, 2016 - 8:36 PM   
 By:   bpdl   (Member)

double post

 
 
 Posted:   Aug 10, 2016 - 8:38 PM   
 By:   OnyaBirri   (Member)

It is worth noting that Henry Mancini encouraged Les Baxter to sue John Williams.

 
 Posted:   Aug 10, 2016 - 8:49 PM   
 By:   thx99   (Member)

It is worth noting that Henry Mancini encouraged Les Baxter to sue John Williams.

Found this additional thread regarding the Baxter/Williams case: http://www.filmscoremonthly.com/board/posts.cfm?threadID=60087&forumID=1&archive=0

The Mancini connection is mentioned there, too, but no independent source(s) are provided to corroborate the story.

In the same thread, another suit against Williams (over his theme for Jurassic Park) is mentioned, and a link to an LA Times article is provided.

 
 Posted:   Aug 10, 2016 - 9:06 PM   
 By:   thx99   (Member)

Here's the appeal that Baxter won: http://law.justia.com/cases/federal/appellate-courts/F2/812/421/99586/

(Public source, no infringement of any kind)

"CONCLUSION

Based upon our review of the record, we cannot say that Joy and Theme from E.T. are so dissimilar that reasonable minds could not differ as to a lack of substantial similarity between them. Therefore, the district court erred in granting defendants' motion for summary judgment.

Reversed and remanded for proceedings not inconsistent with this opinion."

 
 
 Posted:   Aug 10, 2016 - 11:06 PM   
 By:   Bob DiMucci   (Member)

I believe Monty Norman sued to prevent credit for composing the James Bond Theme going to John Barry.


As you noted, he won.

/http://edition.cnn.com/2001/WORLD/europe/UK/03/19/bond.theme/

 
 
 Posted:   Aug 10, 2016 - 11:45 PM   
 By:   Bob DiMucci   (Member)

Here's the appeal that Baxter won: http://law.justia.com/cases/federal/appellate-courts/F2/812/421/99586/

(Public source, no infringement of any kind)

"CONCLUSION

Based upon our review of the record, we cannot say that Joy and Theme from E.T. are so dissimilar that reasonable minds could not differ as to a lack of substantial similarity between them. Therefore, the district court erred in granting defendants' motion for summary judgment.

Reversed and remanded for proceedings not inconsistent with this opinion."



So, Baxter got the summary judgment against him reversed and the case was sent back to the district court. Here's the rest of the story:

http://www.filmscoremonthly.com/articles/2000/27_Apr---Baxter_v_Williams_Lawsuit_Recap.asp

 
 Posted:   Aug 11, 2016 - 2:12 AM   
 By:   Adam.   (Member)

Do songs count?

Huey Lewis and the News sued Ray Parker Jr. for the popular Ghostbusters song being a little too similar to I Want a New Drug.

 
 Posted:   Aug 11, 2016 - 3:27 AM   
 By:   Amer Zahid   (Member)

There was another case where Hans Zimmer was sued by estate of Holst for using his MARS cue from The Planets for GLADIATOR. But I think remember it was dropped because of it being in public domain or something like that!

 
 Posted:   Aug 11, 2016 - 4:32 AM   
 By:   thx99   (Member)

So, Baxter got the summary judgment against him reversed and the case was sent back to the district court. Here's the rest of the story:

http://www.filmscoremonthly.com/articles/2000/27_Apr---Baxter_v_Williams_Lawsuit_Recap.asp


Yes, I already posted that "recap" link above.

 
 
 Posted:   Aug 11, 2016 - 4:51 AM   
 By:   Mike_J   (Member)

Slightly different but Michael Kamenskoye faced bankruptcy proceedings from HM Revenue & Customs several years before his death. He ended up avoiding being made bankrupt by reaching a compromise with his creditors out of court.

 
 Posted:   Aug 11, 2016 - 7:05 AM   
 By:   Justin Boggan   (Member)

Jimmy Webb sued over the rejection of his score to "Love Story" (I don't know the details). Similarly Jarre sued over the replacement of his score to "White Squall", claiming Ridley Scott had refused to pay him his full fee.

 
 
 Posted:   Aug 11, 2016 - 7:22 AM   
 By:   Thor   (Member)

If we're expanding this to concern other issues than 'plagiarism', one of the biggest court cases in the last few decades that has to do with film music is the bitter legal battle between Zimmer and Media Ventures co-founder Jay Rifkin. It's one of the reasons why Media Ventures eventually went under, before it re-surfaced as Remote Control (now not-so-remotely-controlled by Zimmer himself).

Here's the story on Rifkin's suit (2003): http://variety.com/2003/biz/news/music-ends-as-rifkin-sues-zimmer-10-mil-1117896642/

And here's the story on Zimmer's counter-suit (2004): http://articles.latimes.com/2004/jan/06/business/fi-munoz6

 
 Posted:   Aug 11, 2016 - 10:34 AM   
 By:   Mike Esssss   (Member)

Not sure if it qualifies as interesting to any non-lawyers (or even any lawyers), but in law school I took a personal tax class and was pleasantly shocked to see Katia Popov's name pop up in a textbook case. Some of you may know her personally. She's a fantastic and prolific LA-based session violinist. Without getting too specific (though the case is public record), she successfully picked a fight with the IRS to determine whether her home was her place of business for purposes of certain deductions. I went home and grabbed one of the dozens of album musician lists she appears on (I think STANDARD OPERATING PROCEDURE), then brought it to show the professor. He blinked at me dumbfounded for a minute then laughed. Later I connected with Katia on Facebook and told her the story, and she had the same reaction. smile

 
 Posted:   Aug 11, 2016 - 10:45 AM   
 By:   Justin Boggan   (Member)

There was also a lawsuit a few years ago from a composer named Daniel Kolton, who claimed he had written a number of cues to various series, including "Hercules: The Legendary Journeys", for LoDuca, but didn't get paid or something. I can't recall the exact details. I don't feel like looking it up.

 
 
 Posted:   Aug 11, 2016 - 11:44 AM   
 By:   Ford A. Thaxton   (Member)

I seem to recall that Maurice Jarre sued the producers of WHITE SQUALL after he was left go from the project and was not paid his composer fee.

I'm sure it was settled out of court.

Ford A. Thaxton

 
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