J-Lo Stole Your Idea? PAY $900k! Haven’t We Said Ideas Are NOT Protected? What Part of that Don’t You Understand!

In Film Law by FASHIONENTLAW™

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J-Lo gave the warning a long time ago, “don’t be fooled by the rocks that I got. I’m still Jenny from the block.” Everyone heard but Sheri Gilbert. Gilbert sued J-Lo claiming copyright infringement on an idea she had for Monster-in-law. The court essentially said, “are you kidding us? You waste our time on this merit-less lawsuit??? PAY $900,000! Haven’t we said “ideas” are NOT protected? What part of that don’t you understand?” What a “monster” outcome that will make it hard for Ms. Gilbert to forget.

“Remember the woman who sued Warner Bros., actresses Jennifer Lopez and Jane Fonda over the 2005 film Monster-in-Law?

The woman, Sheri Gilbert, has been ordered to pay them nearly a million dollars for bringing a meritless lawsuit.

As a refresher, Gilbert claimed there was something strangely familiar about the grating mother-in-law portrayed in the film. She felt like she could predict what was going to happen from one scene to the next in the film. And she believed the script had similarities to the one she wrote about her own mother-in-law problems. She felt entitled to a piece of the $155 million the film made in worldwide box office.

When the lawsuit was first filed, we had lots of fun making fun of it. Gilbert thinks she’s the first to experience an annoying mother-in-law? Gilbert thinks there’s something surprising about a Hollywood comedy that felt recycled?”

But sadly, most people don’t understand the difference between ideas and expression — and what copyright law really protects. And so, a lot of “idea theft” lawsuits are filed against Hollywood studios.

UDUAK LAW FIRM ANALYSIS
It would be interesting to see the court’s rationale and analysis. But quick and clear lay term distinction people on idea vs. expression. Ideas means it is in your head. Nothing has been done to make it a reality. I had an idea about creating a fashion publication focused on Africans but targeted to Americans and Europeans, Ladybrille Magazine. If I sat on it and did nothing and someone else had the same idea and made it what it is today, I can’t sue them claiming they “stole” my idea. Even if I told them about my idea but did nothing, if they made money off my idea by doing something then really, under the law,  too bad so sad. From a policy perspective, those who make things happen should be rewarded. Those who have ideas and do nothing don’t get to scream “thief!” when someone else takes an idea and makes a reality. Of course we can debate about this.

Expressions is me doing something about the idea in my head. In copyright lingo the idea I created must be “fixed in a tangible medium of expression,” bottom line.

WSJ has the full story.

Cheers,
Uduak

Uduak Oduok (Ms. Uduak) is a Partner and Co-Founder of Ebitu Law Group, P.C. where she handles her firm’s fashion and entertainment law practice areas. Ms. Uduak has litigated a wide variety of cases in California courts. She has also handled a variety of entertainment deals for clients including network television and licensing deals. Her work and contributions to the creative industry has been recognized by numerous organizations including the National Bar Association, and featured in prestigious legal publications in the USA: ABA Journal and The California Lawyer Magazine. She is also the author of Fashionentlaw™ and also has over two decades combined hands on industry experience in the creative industry which includes modeling, retail, fashion production, public relations, digital media, journalism and publishing. For further inquiries or if you are seeking legal representation, please email (uduak@ebitulawgrp.com). You may also follow her on twitter at @uduaklaw

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