Judge allows suit by refugees claiming copyright protection in interviews that led to screenplay
A federal judge in Atlanta is allowing a suit by 54 Sudanese refugees who say their interviews with a screenwriter about their persecution are subject to copyright protection.
The refugees, known as “the Lost Boys,” sued screenwriters and producers of The Good Lie film starring Reese Witherspoon. In a March 22 decision (PDF), U.S. District Judge Leigh Martin May allowed a copyright claim stemming from their taped interviews and said it could, if proven, warrant an injunction, report the Hollywood Reporter and the Daily Report (sub. req.).
May said the plaintiffs weren’t entitled to a declaratory judgment because they weren’t able to register their copyrights. But that doesn’t deprive the plaintiffs of all copyright protection, May wrote.
The refugees’ interviews were a creative process designed to elicit material for a fictional script, and that “likely includes enough creativity to render the interviews an original work of authorship,” May wrote. Their allegations of a joint work are sufficient to support a claim of infringement, the judge said.
May also found that the refugees’ claims of unjust enrichment, quantum meruit and conversion of ideas aren’t pre-empted by federal copyright law. She also allowed claims of fraud and breach of an oral agreement creating a joint venture.
The Hollywood Reporter says May’s ruling is a “remarkable” decision that “could impact the way that research is conducted for feature films based on true stories.”
The “Lost Boys” fled Muslim militias attacking Christian villages and banded together in the wilderness. Some boys held positions as tribal elders, while others parented younger children. They eventually were granted asylum in the United States.
