The importance of not infringing the intellectual property rights of third parties was recently illustrated by the legal action filed in New York against Hollywood producer, Steven Spielberg as well as the studios, Dreamworks, Viacom Inc and Universal Pictures (“the Defendants”).

    

Sheldon Abend bought the rights to the short story, “Murder from a Fixed Viewpoint” on which the 1954 Alfred Hitchcock film “Rear Window” was based and obtained exclusive right to adapt or copy the story.  Abend died in 2003 but Sheldon Abend Revocable Trust (“SART”) filed the legal action against the Defendants claiming copyright infringement and breach of contract for making the 2007 movie “Disturbia” without permission which grossed about $80 million at the US box office.

   

SART claims that the plot of Disturbia is the same as Rear Window, being a murder mystery about a man who witnesses strange behaviour from his window.  If the claims are substantiated, SART will be entitled to relief such as damages.

   

The lesson for other companies is that they should take care to ensure that they do not use the intellectual property rights of third parties without their consent.  Failing to do so will cause not only legal but financial difficulties.  If in doubt, seek legal advice before it is too late.