John Carpenter Sues Luc Besson for Plagiarism, Actually Wins

JaredJones

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John Carpenter Sues Luc Besson for Plagiarism, Actually Wins



Sad story. You got a smoke?

True originality is a tough thing to come across in Hollywood these days. Maybe it's because, like the old maxim states, there are only seven types of stories to tell. Maybe it's because studio interest is ever-shifting towards already established properties like graphic novels, sequels, and sequels to graphic novels. Maybe it's because those of us who write stories often can't escape the stories that influenced us to write in the first place.

In any case, we've seen the end result of derivative storytelling time and time again, and not just in ripping off lesser known fare [https://en.wikipedia.org/wiki/Twin_films]. But how often can a filmmaker prove outright that he was plagiarised, especially when the courts are brought into it?

The answer: At least once, if you're John Carpenter.

You might recall that director Luc Besson (he of The Fifth Element and Taken fame, among many others) released a sci-fi action flick called Lockout back in 2012, starring Guy Pearce as an unjustly convicted prisoner who is offered a chance at freedom if he can rescue the president's daughter from a prison in outer space. The film was a financial flop, but perhaps more importantly, bared a striking resemblance to Carpenter's 1981 cult classic Escape From New York, wherein Kurt Russell was tasked with rescuing the President of the United States from a dystopic prison in Manhattan.

Carpenter took Besson to court -- and more specifically, French court -- to argue the similarities between the films, and believe it or not, he actually won his case. (via Observatoire européen de l'audiovisuel):

The court nevertheless noted many similarities between the two science-fiction films: both presented an athletic, rebellious and cynical hero sentenced to a period of isolated incarceration -despite his heroic past- who is given the offer of setting out to free the President of the United States or his daughter held hostage in exchange for his freedom; he manages, undetected, to get inside the place where the hostage is being held after a flight in a glider/space shuttle, and finds there a former associate who dies; he pulls off the mission in extremis, and at the end of the film keeps the secret documents recovered in the course of the mission.

The court held that the combination of these elements, which gave the film [Escape from New York] its particular appearance and originality, had been reproduced in 'Lock-Out', apart from certain scenes and specific details that were only present in the first film. The difference in the location of the action and the more modern character featured in 'Lock-Out' was not enough to differentiate the two films.

Why would Carpenter be so irked about a 30-year old movie of his being ripped off? Well, because Carpenter happens to currently be executive producing a remake of Escape From New York for 20th Century Fox. (Like I said, originality in Hollywood is a dying concept.)

Besson's production company, Europacorp, was ordered to pay 50,000 Euros to the rights owner, 20,000 to Carpenter and 10,000 to his co-screenwriter, Nick Castle, as a result of the ruling. But personally, I just hope for Besson's sake that no one attempts to call him out for ripping off every female-centric action movie ever with Columbiana.

Source: Observatoire européen de l'audiovisuel [http://merlin.obs.coe.int/iris/2015/9/article12.en.html]

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Sarge034

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Are there striking similarities between the two? Yes, but thematically they are two different beasts. The setup may be very similar but the idea, the message, of the two films are different.
 

Bindal

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Well, 80,000 is probably not that much for Europacorp and seems more that they have to pay compensation so that people can say that compensations were paid...
 

BiscuitWheels

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It happened to Michael Bay with "The Island". It was pretty much a bold faced rip off of "Parts: The Clonus Horror" and the producers of that film brought a lawsuit against Dreamworks claiming almost 90 points of similarity. They settled out of court for a rumored 7 digit sum.
 

Mikeybb

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Aug 19, 2014
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Interesting.
I can see the parallels that are being argued though I'm in agreement that the difference in tone and delivery are worth pointing out too.
That said, it may be less about what was already made and more about what they were working on for a reboot/remake.
BiscuitWheels said:
It happened to Michael Bay with "The Island". It was pretty much a bold faced rip off of "Parts: The Clonus Horror" and the producers of that film brought a lawsuit against Dreamworks claiming almost 90 points of similarity. They settled out of court for a rumored 7 digit sum.
I remember that one.
Wondered how it was resolved in passing but never found out.
As it is with these out of court settlements everyone clammed up about it when the trial was over and I missed the resolution.
Ninety points seems like too much to be overlooked.
 

Albino Boo

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Mikeybb said:
I remember that one.
Wondered how it was resolved in passing but never found out.
As it is with these out of court settlements everyone clammed up about it when the trial was over and I missed the resolution.
Ninety points seems like too much to be overlooked.
Lawyers for the plaintiff will make the maximum amount of correlations they can possibly find, in the same way they will claim the maximum amount of damages. Its the job of the court to determine what the actual correlations are. Settlements are largely about risk management, if the lawyers for the defence think they have a 70% chance of wining the will offer a settlement of around 30% what a reasonable damages would be in court.
 
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That's quite a turn of events. I liked both films and wouldn't have thought it a copy, despite the obvious similarities. I mean a script is one thing, but an idea? Just a story synopsis? It's a scary precedent since it could start with "ascerbic anti-hero saves president's daughter in exchange for pardon" to "one person saves another person".
 

josemlopes

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KingsGambit said:
That's quite a turn of events. I liked both films and wouldn't have thought it a copy, despite the obvious similarities. I mean a script is one thing, but an idea? Just a story synopsis? It's a scary precedent since it could start with "ascerbic anti-hero saves president's daughter in exchange for pardon" to "one person saves another person".
I do find it dumb for the description to say things like "after a flight in a glider/space shuttle", I mean, "glider/space shuttle", sure, its just his means of transportation but if that diference can be forgiven then what about the rest?

Also, that description seems more like what the back of a DVD would say, what about the theme or focus of the movie, or the end message? Do they share the same?
 

flying_whimsy

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I never noticed before, but yeah, they are annoyingly similar. I liked both movies, though: Carpenter's was a classic while Besson's one-liners had me hooked after fifteen minutes.

Glad to see this happen: must have pissed Carpenter off something awful working on a remake and having everyone go "yeah, John, I saw this part in that Luc Besson film."
 

LordMonty

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Sad really hoped that lockout would try for a sequel but was aware it was a bit of a flop and now with this... meh disapointed but hey in this age of remakes guess its all plagarism.
 

Greymanelor

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Like the article suggested, Carpenter might not have cared if he weren't already working on an Escape From New York remake. This might have even been a move he had to make to guard against Europacorp attempting the same to he and Fox, if the remake turned out to bare similarities to Lockout.

Haven't seen Lockout to judge for myself if it looked like plagiarism, but it's hard to really see this as a victory for good or evil. The lions share of the rewards went to Fox, who own the rights to Escape From New York, so it feels mostly like corporate politics.
 

HardkorSB

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OMG! $80000!
How will Besson ever recover from that?
I mean, he might have to sell a watch or 2.
 

Something Amyss

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Dec 3, 2008
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Does that mean Geroge Lucas can sue because Age of Ultron has at least as many bullet points in common with Empire Strikes Back?
 

Remus

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Can the makers of "Event Horizon" sue the makers of "Ghost Ship"? The similarities are there - salvage crew find derelict ship thought destroyed, led by a person with ulterior motives who tries to kill the crew by the end. The salvage ship is destroyed with the ships mechanic on board. Then there's the whole "sending souls to hell" bit. At the end the ship is destroyed at least partially using explosives and the sole female crewmember has a catatonic breakdown when she's haunted by the ghosts of her crew and being carted away by medics.
 

ThinRedLine

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Remus said:
Can the makers of "Event Horizon" sue the makers of "Ghost Ship"? The similarities are there - salvage crew find derelict ship thought destroyed, led by a person with ulterior motives who tries to kill the crew by the end. The salvage ship is destroyed with the ships mechanic on board. Then there's the whole "sending souls to hell" bit. At the end the ship is destroyed at least partially using explosives and the sole female crewmember has a catatonic breakdown when she's haunted by the ghosts of her crew and being carted away by medics.
I think you could add Virus to that list. And maybe Deep Rising.

Or then not, seeing how Besson's film was a play-by-play ripoff compared to your example, which relies on stretching the imagination to fit a theme of "hell", whereas the differences in Escape and Lockout are miniscule.
 

Mikeybb

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Aug 19, 2014
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albino boo said:
Lawyers for the plaintiff will make the maximum amount of correlations they can possibly find, in the same way they will claim the maximum amount of damages. Its the job of the court to determine what the actual correlations are. Settlements are largely about risk management, if the lawyers for the defence think they have a 70% chance of wining the will offer a settlement of around 30% what a reasonable damages would be in court.
Thanks for explaining it.

Law seems to be so business like in modern times.
Less about justice and more about expediency and, as you made mention of, risk management.
I suppose it's the cost paid for such an overloaded system.

Well, my train of thought is definitely off the rails of this topic.
Suffice to say I aught to stop letting Ace Attorney and Judge Dredd sneak across my subconcsious into my perception of the justice system.

Even if it would be a lot more satisfying to see it work that way sometimes.