Jackson Jambalaya

Congratulations to the Faulkner Estate as it managed to find itself compared to Sharknado after a federal judge dismissed its complaint against Sony Pictures. Truly a feat worthy of the scribe as the Judge threw out a complaint that was on a par with Tara Reid's acting. Or should I have written it had as little logic as Tara Reid's brain? Or was the foundation for the complaint as jiggly as her... well, there are so many different comparisons one can imagine when Sharknado enters the picture but you get the idea.

Faulkner sued Sony after a Faulkner quote found its way into the Woody Allen movie Midnight in Paris.   A young man, Gil Pender, travels to Paris with his fiance.  Gil walks alone down a Paris street one night when an antique car stops.  The driver invites him to get into the car. Mr. Pender does so and finds himself face to face with none other than Scott and Zelda Fitzgerald. They take him to a party where he meets Cole Porter.  Mr. Pender continues these nocturnal excursions into the past and meets Picasso, Gertrude Stein, Dali, Hemingway, and other notables in the 1920s. Friction develops between Gil and his fiance until he blurts out during a lovers' quarrel:

"The past is not dead. Actually it's not even past.  You know who said that? Faulkner, and he was right. I met him too. I ran into him at a dinner party." 

Never let it be said no qood quote should go unpunished as Faulkner decided this was an improper use of the scribe's remarks and chose to do something very American about a movie set in France: sue. Faulkner claims it is the owner of the book and the "original quote" and that Sony "infringed upon Faulkner's exclusive rights." The original quote appeared in Requiem for a Nun:

"The past is never dead. It’s not even past."

Faulker also argues the use of the quote creates "confusion" as people might think William Faulkner and his written works might be seen as "approval" or "sponsorship" of Sony. The complaint ended with the predictable language stating Sony did not obtain permission to use the quote, used the quote for commercial benefit, and Faulkner is thus entitled to damages.

The complaint, as were other similar complaints filed by Faulkner,  was only six pages long. One can imagine Faulkner has these complaints already printed with a fill in the blank section for the defendant as it eagerly scours the internet and movies for all perceived violations of Mr. Faulkner's legacy.  One can imagine the estate's advice: Like Faulkner as much as you wish, just don't quote him.  Disney would be proud.

Faulkner argued the use of the quote violated copyright laws and misled the audience into thinking the Faulkner estate was affiliated with the movie.  Inspector Javert, oops, I meant Attorney and FLR owner Lee Caplin, defended the complaint to the Northeast Mississippi Daily Journal:

"These people should have known better," said Lee Caplin, a Los Angeles producer, who recently worked in Mississippi with actor-director James Franco on the film version of Faulkner's "As I Lay Dying."

Caplin, manager of the Faulkner estate and Faulkner Literary Rights LLC, brings the lawsuits through the Oxford law firm Mayo and Mallette.

FLR, a Virginia company established by Faulkner's daughter Jill Faulkner Summers, owns all rights, titles and interest in his name, image and likeness."

However, Judge Mike Mills disagreed and deflated Faulkner's fury by ruling the offending passage was a "fair use" of the quote and thus dismissed the case.  He stated:

"These factors coupled with the miniscule amount borrowed tip the scales in such heavy favor of transformative use that it diminishes the significance of considerations such as commercial use that would tip to the detriment of fair use. It is difficult to fathom that Sony somehow sought some substantial commercial benefit by infringing on copyrighted material for no more than eight seconds in a ninety minute film."

Ouch. Perhaps Mr. Caplin should stick to producing movies and reading Faulkner instead of going Angela Corey on Sony.  Pretty embarrassing. Sharknado and Faulkner.  Local movie critic  Anita Tashiki Modak-Turan represented Sony. It is not known if Sony celebrated its victory at the Fairview Inn.

Earlier post

Note: Here is a funny comment made about these lawsuits in the comments section of The Guardian in an earlier story about the lawsuit:

"Someone obviously found themselves a bit light in August and decided that someone else should pay. I hope the court sees the case for what it is, a load of sound and fury signifying diddly squat, and that the defendants remain the unvanquished. The law should remain a sanctuary from this kind of legal mischief-making. Faulkner himself never earned much more than soldiers' pay in his lifetime, even as he lay dying, so it must surely stick in his craw that these mosquitoes are looking to make a pile on work that will always transcend the squalid tactics of these intruders in the dust."