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What a feeling!
Back in 2003, Jennifer Lopez made a video for her song “I’m Glad” (a sentiment not likely shared by most of the song’s listeners). Her video was based on 1983”s Flashdance, and included recreations of several well-known scenes from the movie. But a Ms. Maureen Marder, who was the apparent inspiration for the original flick, got her leg warmers in a bunch and, deciding that the video was an impermissible recreation of her life story, sued Lopez and Lopez’s label, Sony. While she was at it, she figured she also might as well go after Paramount Pictures, producers of the original movie, since they only paid her $2,300 for a movie that grossed over $150 million. Well, the lawsuit was quickly thrown out by the trial court and, on Monday, the Ninth Circuit Court of Appeals upheld that dismissal.
The case against Paramount was thrown out because Marder had entered into an agreement with Paramount way back in 1982, wherein she signed a pretty broad waiver and release of rights. While the Ninth Circuit noted that the agreement may have been exploitative and/or unfair in terms of the money Marder actually got, the court ruled that she wasn’t defrauded or unduly influenced (she even had her own attorney with her when she signed it). And because of this waiver, she holds no copyright interest in the movie, which means her infringement claims against Lopez and Sony are equally worthless.
But really, the Ninth Circuit’s 18 page opinion boils down to a simple ruling that…there’s always room for J.Lo!
(My apologies to KROQ’s Ralph Garman for blatantly stealing this entry’s corny punchline from him.)
Comments
Despite the justices' ruling, the facts in my case are still largely unknown. Had the case gone to trial, it would've been quite clear in the evidence about what misrepresentation, etc., there actually was during the negotiations, but the fact is that the statute of limitations has simply run out on filing for that kind of claim, so it seems quite pointless for the justices to address that anyway.
If viewers are interested in my version of the facts, they are welcome to learn all about 'my adventures in filmland' (among other hair-raising and interesting experiences I have had over my lifetime) in my soon-to-be-published autobiography. It is important to note that I have retained my rights to my own story: Paramount has NON-EXCLUSIVE rights to my story for the one film ONLY.
My one big regret through all this is that I was the first and only appeal that Robert Helfing has ever lost in his long and excellent law career. I am really sorry to have spoiled his otherwise spotless record of appeal wins.
Posted by Maureen Marder | June 21, 2006 4:29 PM