Roger Dean (Yes cover artist) sues Fox and James Cameron for copyright infringement by Avatar

[muriel_volestrangler]

The highest-grossing movie of all time is again the subject of a copyright legal battle. Artist William Roger Dean filed a complaint against James Cameron and 20th Century Fox on Thursday seeking more than $50 million in damages over Avatar.

Unlike past Avatar plaintiffs, Dean has an established pedigree. He is a well known artist who has created album covers for such big-selling bands as Yes and Asia and exhibited his fantasy landscapes and other work around the world. In fact, it is the ubiquity of his work, as well as a movie proposal based on it that he took at the 2005 Cannes Film Fest, that has Dean convinced the look of the 2009 3D sci-fi film were derived from his images. “The similarities of each such work are substantial, continuing, and direct so as to rule out any accidental copying or similarity in scenes common to the genre. The infringing portions of Avatar are so similar to Plaintiffs Works that Defendants and others employed in the preparation of the film must have had access to the Plaintiffs Works,” says his 17-page complaint (read it here) filed June 27 in U.S District Court in New York.

The filing cites numerous specific examples from the world of Pandora to the foliage and creatures that populate it where Dean sees his own work. Along with copyright infringement, Dean also is claiming contributory infringement, breach of implied contact, unfair competition and unjust enrichment.

http://www.deadline.com/2013/06/james-cameron-20th-century-fox-avatar-new-copyright-lawsuit/

As predicted on DU: http://betterment.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=105&topic_id=9209771&mesg_id=9210188

[RedCappedBandit]

1. Wow, his work is awe inspiring

and I'd say he's got a case, at least from my (layman's) perspective.

[sibelian]

2. Well, hm, yes.

Avatar was more than a little Roger Deanish.

[Android3.14]

3. Influence? No more than other sources

The Papa Smurf has a better claim.

[Kolesar]

4. Catchin' a buzz and contemplating the album cover while spinning the vinyl

CDs just aren't the same

[ms liberty]

5. When we watched that movie...

I remember commenting to mr liberty that I wondered how much they'd paid Roger Dean. I guess they didn't pay him at all.

[Orrex]

6. The clincher was then they played "Roundabout" during the climactic battle scene.

[Vinnie From Indy]

7. A naked extortion attempt in my mind!

$50 million? C'mon!

[muriel_volestrangler]

8. The film is though to have grossed about $3 billion in all formats, worldwide

Since it is primarily a visual film, I can see why they'd claim that high - still under 2% of the gross. I expect they'd settle for considerably less.

[hunter]

9. Quite a lot of Dean's work is derivative of previous work too.

One can't copyright "Islands in the Air," "Organic Architecture," or "Blue Landscapes."

It'd be silly for either Cameron or Dean to turn this into an expensive legal battle of ego. Only the lawyers win in those.

Let both artists have their publicity, make money, acknowledge one another's work, and prosper.

I've got to say, especially judging by the number of google news hits, a lawsuit like this sure is a good way to get publicity.