IP issues for cult campy horror movie

October 29, 2010
Back to TopCommentsE-mailPrintBookmark and Share

Reporter Rebecca Berfanger wrote this blog post.

October, particularly Halloween weekend, seems to be the one weekend where it’s OK to dress up as a character or object or whatever and, for some, not just to “dream it” but to “be it.” Or at least dress like you want to “be it.”

And if you get that reference, you’re probably a closet or maybe a not-so-closet fan of “The Rocky Horror Picture Show,” now in its 35th year since Tim Curry first appeared on screen in high heels, while a young Susan Sarandon and Barry Bostwick portray a lost couple trying to get out of the rain after their car breaks down before chaos ensues.

That’s obviously the G-rated summary, but you get the idea.

After countless midnight screenings of the movie, I wonder if any law students or lawyers in those audiences ever wondered how is it the “shadowcasts” who dress as the characters and lip sync or sing along with the characters on screen get away with it? Isn’t that copyright infringement – or should it be? If anyone did wonder this, they likely forgot about it as soon as they noticed the lips singing “Science Fiction/Double Feature” and readied their rice for the wedding scene.

The article, “Intellectual Property and Americana, or Why IP Gets the Blues,” by Michael J. Madison, written a few years ago, sums it up pretty well.

“There is no suggestion that … the owner of the film’s copyright has tried to stop or to license fan-based theatrical performances. In fact, the copyright owner benefits handsomely from licensing terms that base royalties on a percentage of gross sales. The owner has likewise at least implicitly accepted the legitimacy of an abundance of fan-based websites, books, and fan fiction, when copyright law might have sustained suits to enjoin them. … Having licensed exhibition of the film, the copyright owner has little ground for protest if fans dress in character and get up and dance in the aisles,” Madison wrote.

In other words, it’s more to the film’s copyright owner’s financial benefit to let the show continue as it has. The owner still makes money from the theaters and the film’s cultish following only continues to grow as more audiences discover it.

But that doesn’t mean everyone is happy with the arrangement:

“Of course, theater owners might protest if they have to sweep up the breadcrumbs and rice, and today, at least some owners prohibit the water pistols and water balloons that were an integral part of early performances,” Madison wrote, adding that now that the DVD is available for private showings, it’s also possible for fans to host their own screenings, even with toast and popcorn and call backs to the screen.

Considering Tuesday’s “Glee” episode featured songs from the film, there’s a good chance yet another generation will want to check out the “live” version of the film to see what all the fuss is about. And those fans will also likely not face suits over copyright infringement.

During a recent interview with Indianapolis IP solo attorney Kenan Farrell, I asked him about this phenomenon.

“If the copyright owners clamped down on the shadowcasts 25 years ago, would it be what it is? Instead, there’s a cult following,” he said, and he pointed out that the film’s screening at the Indianapolis Museum of Art this summer was packed, and had a wide variety of people in the audience, ranging from 18 up to at least 60 years old.

The fan site lists upcoming Halloween screenings under “Special Showtimes,” including a few in Indiana this weekend.

Do you plan to celebrate Halloween with a “Rocky” screening? What other movies could use a similar treatment with shadowcasts, call backs, and props?
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

ADVERTISEMENT