Does The People Suing We Are...Marshall Have Any Chance of Winning?

Question

Documentary Producers Sue We Are Marshall Filmmakers
Link to Complaint Included

By Tony Rutherford
http://www.huntingtonnews.net/local/070627-rutherford-localdocumentarysue.html
Huntington, W.Va. (HNN) – Emmy Award winning Huntington filmmakers Deborah Novak and John Witek filed a $40 million copyright infringement suit against the makers of “We Are Marshall.”

Filed in U.S. District Court for the Central District of California, the complaint names Legendary Pictures, Cory Helms, Jamie Linden, Mary Viola, Basil Iwanyk and McG aka Joseph McGinty Nichol, Thunder Road Film Productions and Wonderland Sound and Vision.

The complant alleges that the Warner Bros. filmmakers violated their “Ashes to Glory” copyright and remade the documentary as “We Are Marshall.” Novak and Witek, according to Courthousenews.com claim that the defendants contacted them ten days after the DVD release of “Glory” and asked to option it for a feature film.

“They say Warner and co-defendants… ripped off their work in the film, “We Are Marshall.” They demand punitive damages for fraud, breach of contract and unfair competition.

A copy of the 32 page complaint can be downloaded by clicking: http://www.courthousenews.com/AshesGlory.pdf

Answer 1

If they can prove that Warner Bros. ripped of their documentary, then sure they can win. They had a copyright. If that copyright came out before the film was done, and the film borrows ideas and images presented in the documentary, then they have a pretty solid case. They have to be able to prove all of this, but it can be done.