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Too Much Free Time

by Mike Masnick

Wed, Feb 4th 2009 9:57am




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Filed Under:
benjamin button, copyright, ideas, stories


Italian Writer Claims She Owns The Rights To The Benjamin Button Story

from the someone-check-with-f.-scott-fitzgerald dept

Following the story of multiple authors all claiming credit for creating Hannah Montana, a few folks have sent in the news that an Italian writer claims that she actually wrote a story that was the basis for the hit movie, "The Curious Case of Benjamin Button." The woman claims she wrote and copyrighted (but never published) a short story in 1994. That should strike quite a few people as odd, as most people know that the movie is very loosely based on F. Scott Fitzgerald's short story that goes by the same name as the movie... which was published in 1921. You would think that if the filmmakers really wanted to make a movie based on this unknown Italian office-worker's story, it would have been a hell of a lot cheaper than paying for the rights to the Fitzgerald story. Again, though, like the Hannah Montana case, the basic conceit of the story (someone aging backwards) is hardly that original, and is an idea that lots of people have had over time. It seems pretty silly to claim ownership of it.

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  •  
    identicon
    Dex, Feb 4th, 2009 @ 10:25am

    I smell a 2nd lawsuit...

    Perhaps the Fitzgerald estate should sue this woman for stealing his story?

     

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    Anonymous Coward, Feb 4th, 2009 @ 10:27am

    I thought it was based on a Star Trek Voyager episode...that was based on a Buck Rogers episode.

     

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    identicon
    Anonymous Coward, Feb 4th, 2009 @ 10:32am

    No, no, no.

    Based on Merlin in Le Morte d'Arthur (1485). The estate of Sir Thomas Malory should take notice.

    And of course, if anyone ever figures out where the Arthurian legends originate, someone else will be up to sue everyone else...

     

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    Anonymous Coward, Feb 4th, 2009 @ 10:37am

    Everyone knows that Mork from Ork aged backwards and that is where the idea came from.

     

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    Esahc (profile), Feb 4th, 2009 @ 10:38am

    Orkan

    I thought he was just Orkan

     

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  •  
    identicon
    I am..., Feb 4th, 2009 @ 10:44am

    I own the copyright to the King Arthur story...

    ... seriously... I am Merlin... reborn... I'm not kidding I really am. I psychic tarot card reader told me, it MUST be true!

    So give me my royalties!

     

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  •  
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    RD, Feb 4th, 2009 @ 10:48am

    Oh please

    Piers Anthony, Chronos, the "Incarnations of Immortality" series, circa late-80's. Similar mechanism, main character ages in reverse time to everyone else, so he lives backwards. This is hardly a new idea. The IDEA cant be stolen, just the IMPLEMENTATION. Did her story have a man named Benjamin Button? Did her character experience the SAME things as in the movie? The SAME set pieces, characters he interacts with, time, date, etc? Because just a "similar idea" isnt enough with all the prior art, sorry. Fitz got there before everyone else, suck it up.

     

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    •  
      identicon
      Anonymous Coward, Feb 4th, 2009 @ 10:58am

      Re: Oh please

      Never-ending story (book, not movie) had a reference to a whole race of people for whom the whole "reverse aging" thing was standard fare...

       

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    bikey (profile), Feb 4th, 2009 @ 11:12am

    wrote and copyrighted?

    Just a detail, but you don't 'write and copyright'. As soon as an idea is in fixed form, it is automatically subject to copyright. The US, alone in the world, requires registration before you can start an infringement action, but this does not 'create the copyright', it just gives you documentation necessary to file an action. Come on guys, this is basic.

     

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    LostSailor, Feb 4th, 2009 @ 11:13am

    Public Domain

    If Fitzgerald's story was publishing in 1921, it is likely in the public domain already, and wouldn't have to be licensed by the film-makers.

     

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      SuperSparky, Feb 4th, 2009 @ 11:34am

      Re: Public Domain

      Only if the Copyright was not renewed. Which you could do even before the time was extended for Disney's sake.

       

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        LostSailor, Feb 4th, 2009 @ 3:25pm

        Re: Re: Public Domain

        Actually, since this was first published in 1921, it would have been eligible for one renewal after the first 28 year period, but even then, would not have been eligible for further extension even under the 1976 copyright act (falling short by a year or so). I'm pretty sure this is in the public domain and no rights would have to have been secured by the filmmakers.

         

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        bikey (profile), Feb 4th, 2009 @ 7:55pm

        Re: Re: Public Domain

        Renewal was only relevant when the term was 28 years. After 1976, it was 50 years, and then and then and then, but renewals no longer relevant.

         

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      Mike (profile), Feb 4th, 2009 @ 4:34pm

      Re: Public Domain

      If Fitzgerald's story was publishing in 1921, it is likely in the public domain already, and wouldn't have to be licensed by the film-makers.

      The story *was* licensed, though I'm not sure why.

       

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  •  
    identicon
    Anonymous Coward, Feb 4th, 2009 @ 11:34am

    You owe me...

    I own the rights to the concept of posting comments on web sites. Pay up suckas!

     

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    sam moshe, Feb 4th, 2009 @ 11:49am

    Ha!

    Oh yeah, well, I've patented the idea of coming up with a stupid lawsuit and suing someone over it. So there. You're all infringers, bitches!

     

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    Anonymous Coward, Feb 4th, 2009 @ 6:24pm

    What's up with these crazy Italians ?
    Something in the water ?

     

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    eleete, Feb 4th, 2009 @ 8:30pm

    Derivative Transformative ?

    http://i.thefairest.info/funniest_thumbs/QaDdYu.jpeg

     

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    identicon
    John, Feb 4th, 2009 @ 9:33pm

    Not again

    A story like this comes up every time a popular movie comes out. How many movies were "written" by people who either want to blackmail the studio to give them money or they want attention.
    I forget the name of the previous movie, but something like 10 people came forward to say they came up with the idea and should be paid, when the movie was written by a single screenwriter, based on his own book!

     

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    Isaac K (profile), Feb 5th, 2009 @ 9:47am

    Yeah. Original.

    Bckwards aging was also the concept behind Merlin, I believe, where he was born old and hence had wisdom beyond his "years."
    This is all bunk.

     

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