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is YOR go to sue someone?
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Posted: |
Jul 26, 2013 - 10:30 AM
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By: |
SchiffyM
(Member)
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Don't the studios normally hold copyright on their "work for hire" film compositions? If so, why do we speak of composers suing -- especially since the studios are the ones with the money to pursue such activities?
Studios (generally) have the right to use the music as they see fit, but the composer must be paid royalties for this use. These royalties can be substantial. If somebody plagiarizes their work, the studio may be just fine with it (if it's the same studio), but the composer wants his money.
Of course, there is a very blurry line between plagiarism and influence, and where exactly that line is drawn depends on a judgement of the court. If a composer doesn't feel like he has a slam dunk case, it may not be worth it.
Also, working composers are often reluctant to sue a studio for fear of exactly what's happened to Elliot Goldenthal. He won his case, but will never work for Warner Bros. again. There aren't many major studios. It's a risk.
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Posted: |
Jul 26, 2013 - 10:55 AM
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By: |
robertmro
(Member)
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Probably the most famous case was over Dimitri Tiomkin's theme for "The High And The Mighty".
" A December 1958 Hollywood Reporter news item reported that Leon Navara sued Tiomkin, Washington, Warner Bros., Witmark Music and Wayne-Fellows Productions for one million dollars each, claiming that The High and the Mighty theme song was a plagiarism of one of his tunes. According to a January 1959 Newsweek article, much of Navara's case rested on the placement and use of a B flat, which occurred in both the film's theme and Navara's 1949 work, "Enchanted Cello." Witnesses for the defense were composers Deems Taylor and Sigmund Spaeth. After fifteen days of arguments and eight of jury deliberation, the New York Supreme Court ruled in favor of Tiomkin. The haunting tune became an often played, and often parodied, Hollywood film theme that developed into its own entity, symbolizing the type of strong, but troubled character played by Wayne."
Source: TCM.com
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I recall the Gustav Holst estate accused Hans Zimmer or plagiarizing "Mars" in the Gladiator battle music. I don't know if anything ever came of this.
Very interesting. That being the case, why would this not have happened with STAR WARS: EPISODE IV? Of course we all know the film was temp tracked with Mars, but the score is so close as to be more than a mere homage.
I hear Holst in one place in Star Wars: When the Falcon lands on the Death Star.
Tons of Stravinski. Lots of Herrmann. Quite a bit of Korngold. Where else is there Holst?
I love the Cyrano De Bergerac score, but yeah the Batman rift was quite obvious!
Yeah, Journey to the Center of the Earth is awesome. 
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re: Gustav Holst. If you listen to his Planets and then DeBussy's Trois Nocturnes you can hear similarities.
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Has a film composer ever sued for plagiarism?
Philippe Sarde has tried to sue himself many times.
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I just want to say that it's awfully sad that anyone on a message board devoted to this kind of music would need to go to YouTube to remember what "Mars, The Bringer Of War" and the "Main Title" of Star Wars sound like.
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They're only two of the most famous pieces of music in the past 100 years.
GET KNOWLEDGE
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