Michael Jackson Estate Sues ABC Over TV Special

Annita

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Michael Jackson Estate Sues ABC Over TV Special

The estate of Michael Jackson is suing Disney, saying an ABC television special on the singer's last days infringed on its intellectual property.

The Associated Press obtained the lawsuit filed Wednesday in U.S. court in Los Angeles against the network and parent company Disney.

It alleges that last week's special, The Last Days of Michael Jackson, illegally uses significant excerpts of his most valuable songs, including "Billie Jean" and "Bad," and music videos, including "Thriller" and "Black or White." It says the special also used clips from a documentary and feature film belonging to the estate.

ABC representatives didn't immediately respond to a request for comment. But when the Jackson camp raised objections last week, the network defended it as a news show that didn't violate the estate's rights.

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Michael Jackson Estate Sues ABC Over TV Special

11:25 AM PDT 5/30/2018 by the Associated Press ?

'The Last Days of Michael Jackson' aired last week.

The estate of Michael Jackson sued ABC and parent company Disney on Wednesday, saying a two-hour documentary on the singer's last days improperly used the King of Pop's songs, music videos and movies.

The lawsuit filed in federal court in Los Angeles and obtained by The Associated Press alleges that last week's special, The Last Days of Michael Jackson, illegally uses significant excerpts of his most valuable songs, including "Billie Jean" and "Bad," and music videos, including "Thriller" and "Black or White."

It also says ABC used clips from the estate's 2016 Spike Lee-directed documentary, Michael Jackson's Journey from Motown to Off the Wall, and from the 2009 feature film Michael Jackson's This is It.

The lawsuit alleges at least 30 violations and seeks unspecified damages and an injunction against further use of the estate's intellectual property.

It frequently cites Disney's aggressive defense of its own copyrights and its normally narrow view of "fair use," the doctrine in copyright law that says short excerpts can be used for news, criticism and research.

"Like Disney, the lifeblood of the estate's business is its intellectual property," the lawsuit says. "Yet for some reason, Disney decided it could just use the estate's most valuable intellectual property for free."

Representatives from ABC did not immediately respond to a request for comment. But when the Jackson camp first raised objections last week, the network defended the special as a legal work of journalism on a newsworthy subject that "does not infringe on his estate's rights."

The network said that as a courtesy it stopped using an image of Jackson to promote the show that the estate had objected to.

As a work of news, the special would be entitled to fair use of excerpts of Jackson's work, but the lawsuit dismisses the idea that the documentary had any news value, calling it "a mediocre look back at Michael Jackson's life and entertainment career."

The lawsuit says warning letters sent to Disney attorneys before the airing went unanswered.

The special focused on Jackson's apparent decline in the run-up to his death on June 25, 2009. The 50-year-old left behind heirs that include his mother and three children.

Jackson died of acute intoxication of propofol, a prescription anesthetic he had been taking as a sleep aid during preparations for a series of comeback concerts.

Former cardiologist Conrad Murray was convicted in 2011 of involuntary manslaughter for giving Jackson a fatal dose of the drug. He served two years in jail, and his conviction was upheld in 2014.

https://www.hollywoodreporter.com/news/michael-jackson-estate-sues-abc-tv-special-1115806
 
<blockquote class="twitter-tweet" data-lang="de"><p lang="en" dir="ltr">Michael Jackson Estate Files Lawsuit Against ABC After Broadcast Of 'The Last Days of Michael Jackson' <a href="https://t.co/o1OZmzd2GS">https://t.co/o1OZmzd2GS</a> <a href="https://t.co/P9aZQ9WTFN">pic.twitter.com/P9aZQ9WTFN</a></p>&mdash; ThatGrapeJuice (Sam) (@thatgrapejuice) <a href="https://twitter.com/thatgrapejuice/status/1001904999994142720?ref_src=twsrc%5Etfw">30. Mai 2018</a></blockquote>
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<blockquote class="twitter-tweet" data-lang="de"><p lang="en" dir="ltr">They can only sue what is able to sue in this case the infringement - everything else isn't lawfully sue able - it will fall under freedom of speech, they cannot sue for defamation of a dead person. So at least its a start! <a href="https://t.co/V8WTuT2cuk">https://t.co/V8WTuT2cuk</a></p>&mdash; Maria Hassell (@MeYouUsMJFAM) <a href="https://twitter.com/MeYouUsMJFAM/status/1001906523872907265?ref_src=twsrc%5Etfw">30. Mai 2018</a></blockquote>
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<blockquote class="twitter-tweet" data-lang="de"><p lang="en" dir="ltr">Despite what some were saying (and even mocking about), I said noted the Estate had a strong case, &amp; it does. The Estate is doing a good thing here. <a href="https://twitter.com/michaeljackson?ref_src=twsrc%5Etfw">@michaeljackson</a> I applaud you. This is an excellent start. Strike back and strike often. OUTSTANDING JOB. <a href="https://t.co/LwAeEVEVRm">https://t.co/LwAeEVEVRm</a></p>&mdash; Sapere_Aude (@Answers_to_None) <a href="https://twitter.com/Answers_to_None/status/1001908576347148291?ref_src=twsrc%5Etfw">30. Mai 2018</a></blockquote>
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Michael Jackson&#8217;s Estate Sues Disney Over ABC Special

Complete document: https://variety.com/2018/tv/news/michael-jackson-estate-sues-abc-special-1202825484/

The estate of Michael Jackson filed a copyright infringement suit on Wednesday against the Walt Disney Co., alleging that an ABC television special used Jackson&#8217;s songs and videos without permission.

The suit surrounds &#8220;The Last Days of Michael Jackson,&#8221; a TV special that aired on March 24. The estate alleges that the producers used songs including &#8220;Beat It,&#8221; &#8220;Billie Jean,&#8221; and &#8220;The Girl Is Mine,&#8221; along with music videos such as &#8220;Thriller,&#8221; and clips from &#8220;This Is It,&#8221; the concert documentary.

&#8220;The extent of Disney&#8217;s use of the Estate&#8217;s intellectual property in &#8216;The Last Days of Michael Jackson&#8217; is truly astounding,&#8221; the suit states.

According to the estate, Disney&#8217;s attorneys never reached out to obtain permission before the show aired. When the estate raised objections, Disney asserted that the show was a &#8220;documentary&#8221; and was entitled to use the material under the &#8220;fair use&#8221; doctrine. Howard Weitzman, the attorney for the Jackson estate, argued that was &#8220;patently absurd,&#8221; especially in light of Disney&#8217;s aggressive enforcement of its own copyrights.

&#8220;If Disney&#8217;s position on fair use of the Estate&#8217;s copyrights were accepted, a network, studio, or producer could make a documentary about Walt Disney, and spend most of the documentary&#8217;s time using, without Disney&#8217;s permission, extensive clips of Mickey Mouse, Walt Disney, and Disney movies,&#8221; Weitzman wrote.

Weitzman also alleged Disney is engaged in &#8220;blatant hypocrisy,&#8221; and would never allow a two-hour &#8220;documentary&#8221; on &#8220;Star Wars&#8221; that made extensive use of film clips and the &#8220;Star Wars&#8221; score.

&#8220;Disney is obviously aware of the copyright laws,&#8221; he continued. &#8220;Disney knows that permission from the copyright owner must be obtained before using copyright works, particularly in commercial projects like the one at issue here. Disney did not do that.&#8221;

Disney has yet to respond to a request for comment.
 
The lawsuit alleges at least 30 violations and seeks unspecified damages and an injunction against further use of the estate&#8217;s intellectual property.
 
michaeljackson&lisamarie;4222816 said:
I bet ABC will win though. As much as the documentary pissed me off. Nobody&#8217;s really talking about it.

Why do you think so? ABC had good audience with the documentation. Obviously ABC had also plans for re-airing the documentation and selling it international to other chanels as well to produce DVDs.

Here is the full document. I think the Estate has a really strong case.

https://www.documentcloud.org/documents/4489200-ABC-Special.html
 
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well lets see if estate haters remember this in a week or a month from now... when they say they "don't ever stand up for Michael's legacy".
 
Is it really suing them for his legacy though? They are suing because they used audio and video they weren't allowed to use. Got nothing to do with defamation of character.
 
You can`t sue for defamation of a dead man in the USA.
 
the estate is going to sue according to legalities that they can have a chance of winning.. Its a chess match, not just what's right.. Just like when Conrad was on trial.. "Involuntary manslaughter" my ass.. You don't go to that level of neglect without intent! But could the state prove that? probably not... So they stacked "involuntary" on the case..

To win a case, it's more than fighting for what's right - there is a stupid game that needs to be played.



 
Well, ABC has been taking a big hit lately. As well it should be, sadly to say. They knew they were in hot water when they used copyrighted material, and now with the cancellation of "Roseanne," like Wesley Snipes' character Nino Brown said, "Money talks, and bull---- runs the marathon, so see you, and I wouldn't want to be you!"
 
It's nice to see the Estate finally stepping up to the plate and doing something good for once. I wish they could tack on defamation into this lawsuit but I don't think they'll be able to.
 
It's nice to see the Estate finally stepping up to the plate and doing something good for once. I wish they could tack on defamation into this lawsuit but I don't think they'll be able to.

Have you ever read for example the documents from the Estate in the Robson case? What did they do there? For sure defending Michael and calling and prooving Robson a liar on all lines.
 
Good. I get that they are doing this any way they can so I don't mind it's only about the audio. That's all they're legally allowed to complain about.
 
It's nice to see the Estate finally stepping up to the plate and doing something good for once. I wish they could tack on defamation into this lawsuit but I don't think they'll be able to.

They cannot. This is all they can do.
 
SUe. I do not care if they do not win. Start suing people the way they sued Michael and Estate. I say throw everything at the wall and see what stick just like crooks did to them and MJ.
 
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terrell;4222843 said:
SUe. I do not care if they do not win. Start suing pothers the way they sued Michael and Estate. I say throw everything at the wall and see what stick just like crooks did to them and MJ.

I care if they win or not. And really when you read the documents I have no doubt they will when you realize how much they used stuff what belongs the Estate.

https://www.documentcloud.org/documents/4489200-ABC-Special.html

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ABC Removes Unauthorized Michael Jackson Special from Website as Estate Sues&#8211; Network&#8217;s Second Scandal of the Week

http://www.showbiz411.com/2018/05/3...jackson-estate-sues-over-unauthorized-special
 
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Annita;4222849 said:
I care if they win or not. And really when you read the documents I have no doubt they will when you realize how much they used stuff what belongs the Estate.

https://www.documentcloud.org/documents/4489200-ABC-Special.html
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ABC Removes Unauthorized Michael Jackson Special from Website as Estate Sues&#8211; Network&#8217;s Second Scandal of the Week

http://www.showbiz411.com/2018/05/3...jackson-estate-sues-over-unauthorized-special

I don't like the Estate but I don't like Disney and ABC either, this time around though I'm on the MJ Estate side. The documentary was not respectful to Michael Jackson, and willingly ignoring his philantry work. The first part was ok but as it went on... total BS and pure sensationalism.
 
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I saw the comments on FB and alots said it was not good so it is good that the Estate is going after ABC.
 
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The MJ Estate needs to be smart - it's hard to defend a dead person in the USA.
Plus, the organisations that spread the most crap are usually news media. They hide behind laws that are supposed to enable a free press but are abused by them for their own gains. It's frustrating but the estate can only take legal action on certain cases. They are a business and cannot waste money on cases they cannot win.

Although I'm no expert, reading the official document posted on this forum it does seem like a reasonable case to pursue. I haven't seen the show so was unaware of the extent of the infringement - it's staggering!

If the MJ Estate takes a strong stance on documentaries like this then it's a positive step but let's be realistic. All that will happen is the program makers will be more careful in the future by using less material that the MJ Estate has a claim on and sadly it won't stop those awful shows being made.

New laws need to be put in place to protect dead people and their estates.
 
I think the punishment for Disney must be even greater because their copyright-infrigment is so large and they did it with knwowledge and with intention.
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On a sidenote: The Estate mentions they are the owner also on the Triumph-Tour-footage. I allways asked me who will be the owner of the brothers-tour. So Triumph-Tour belongs to the Estate.
 
Have you ever read for example the documents from the Estate in the Robson case? What did they do there? For sure defending Michael and calling and prooving Robson a liar on all lines.

I agree. Every single court case The Estate is involved in, is defending Michael.
 
michaeljackson&lisamarie;4222816 said:
I bet ABC will win though. As much as the documentary pissed me off. Nobody’s really talking about it.

I don't see how they can win. The Estate appears to have a strong case. It's not likely to go to court - I think the ABC and Disney will settle this, before it gets that far. I am a little concerned about the incorrect date at allegation #29, on page 10 of the document. The show aired on MAY 24, not March 24!!

https://www.documentcloud.org/documents/4489200-ABC-Special.html
 
I don't like the Estate but I don't like Disney and ABC either, this time around though I'm on the MJ Estate side. The documentary was not respectful to Michael Jackson, and willingly ignoring his philantry work. The first part was ok but as it went on... total BS and pure sensationalism.

Hehe... This Time Around :tongue:
 
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