New York artists sue NBC over "Heroes" concept

[SoulManX]

NEW YORK (Reuters) - Two artists sued NBC Universal and the creators of the network's superhero drama "Heroes" in U.S. district court this week, claiming their work had been wrongfully copied on the television show.

New York-based artists Clifton Mallery and his wife Amnau Karam Eele charged in a suit filed on Thursday in Manhattan that "Heroes" creators based their plot line -- about an artist who can paint the future -- on a short story, a painting series and a short film the couple exhibited in 2004 and 2005.
A spokesman for NBC, a unit of General Electric Co., said in a statement the network believes the suit is without merit. "We intend to defend it vigorously and expect to prevail."



The artists said in the lawsuit that two people who identified themselves as writers from NBC's "Crossing Jordan," which also developed by "Heroes" creator and executive producer Tim Kring, attended an April 2005 exhibition of their work at Hunter College in New York City. The two were believed to have taken copies of the couple's work, the lawsuit said.
The artists said their work focused on an artist who paints the future and who specifically paints the destruction of two landmark buildings in New York City. They alleged this was "strikingly similar" to the character of Isaac Mendez on "Heroes," whose paintings of the future depict an explosion in New York City.
"Heroes," a serial thriller about a group of ordinary people who discover they have special abilities, has been credited with helping to boost NBC's ratings this season.



http://news.yahoo.com/s/nm/20070317/tv_nm/nbc_heroes_lawsuit_dc

 

[Showtime]

YIkes. I was just reading that and was about to post it? Do you think it has any merit?

 

[Darren Daring]

Not on a Heroes Board.

 

[Eddie Brock]

Sheesh...Heroes is getting lawsuits up the ass. I'd hate to be them.

 

[Frico]

Daaaaayum.

 

[Morg]

Strange that they didn't see it coming(the two artists suing)

 

[Frico]

Strange that they didn't see it coming(the two artists suing)

Lawl!

 

[Artistsean]

Its too vague a concept, an artist who paints the future.
I mean I think even I had thought of that.

Now if their story also included a cop who reads people's thoughts, a man who could stop time, a person who can't die, or any other powers similar to the show, then they might have some case.

But them trying to sue is like DC trying to sue everyone who has a super hero who can fly and has super strength, or a movie studio sue anyone for doing a slasher serial killer movie. Or someone suing over much much better exampls over the ones I just used.

 

[grey_jeanie]

Its too vague a concept, an artist who paints the future.
I mean I think even I had thought of that.

Now if their story also included a cop who reads people's thoughts, a man who could stop time, a person who can't die, or any other powers similar to the show, then they might have some case.

But them trying to sue is like DC trying to sue everyone who has a super hero who can fly and has super strength, or a movie studio sue anyone for doing a slasher serial killer movie. Or someone suing over much much better exampls over the ones I just used.

But the fact that Tim Kring went to one of their exhibitions AND the artist's character's painting depict the destruction of New York! That's similar.

 

[R0rschach]

If anyone should sue it should be MARVEL COMICS.

http://www.uncannyxmen.net/db/characters/s...asp?fldAuto=814

http://img372.imageshack.us/img372/1119/preacher1kr4.jpg

http://img180.imageshack.us/img180/9982/preacher2ji3.jpg

http://img150.imageshack.us/img150/1153/preacher3in9.jpg

Anywho, if anyone ever read the '95 and '96 Uncanny X-men Annuals then you would know
that Isaac was done before. Same concept, mutant with precognitive powers who paints his visions on a canvas.

ps. Thanx to Monolith at UXN, the one guy who knows more about the x-men then marvel themselves. t:

 

[Abaddon]

I had an idea a little over a year ago about a character who could paint the future. It isn't an entirely original idea. I even have a vague memory of a character from mythology who had the same, if not a similar ability.


However, Kring was at the friggin exhibition and saw their work which specifically depicted a destructive event in New York. He might've retooled it, but it's still their ****ing idea.

 

[Tyrinus]

But is the destruction of NY really original. It's a major city, they weren't the first to think of a story where it gets destroyed, they won't be the last.

Besides if they're idea was so good, why did nothing become of it. Ha!

In other words, I don't really care.

 

[Dope Nose]

But the fact that Tim Kring went to one of their exhibitions AND the artist's character's painting depict the destruction of New York! That's similar.

However, Kring was at the friggin exhibition and saw their work which specifically depicted a destructive event in New York. He might've retooled it, but it's still their ****ing idea.

where does it say that Kring was at the exhibition?

 

[Abaddon]

alright Kring wasn't actually there, but two of his writers were.

 

[Artistsean]

That reminds me of the movie staring the guy from Jackass, where he pretends he is mentally dissabled to get into the Olypmics.
South Park did an episode about that, it was a side story, but they got in trouble because one of the writers of the movie pitched the idea to them before they made the movie.

And I don't think anything bad happen to South Park because of that.
And I don't see anything bad happening to Heroes either.
But if they did steal from those guys then those guys should get some payment.

 

[Mrh7448]

This is going to be dependent on whether or not they can prove Tim Kring had seen the pictures/work that the writers took.

There are many similarities between many characters and this wouldn't be the first. Look at how many Woverine rip off's there have been. The key is to make it different and your own. There is always going to be comparison with other characters and stories no matter how original you think it is.

Now if their character was addicted to heroin and only painted while high then I would think there might be something to this. If the only similarities is the fact he paints the future and sees some kind of cataclysm in New York then I don't think they have much to fight with.

In Heroes the destruction is much more than two landmarks.

While there are similarities I would tend to believe at the moment that these things were developed independently of each other.

 

[bulok]

Too vague, will probably be either thrown out or NBC paying a settlement. but the idea of an artist who can paint the future isn't a new one.

 

[SouLeSS]

There are many similarities between many characters and this wouldn't be the first. Look at how many Woverine rip off's there have been. The key is to make it different and your own.

I havn't seen many canadians who lost their memory, have lived for hundreds of years, been infused with some sort of indestructable metal, signed up for an assassin agency, have a keen regeneration ability, and a keen sense of smell, and short scrappy fighter too boot outside of Marvel. But hey, if you can show me something that's remotely similar, I'll give it you to.

 

[Dope Nose]

^

 

[SouLeSS]

Oh, I guess he means "People rip off Wolverine by making characters have a super healing ability!"

Right.

 

[Katsuro]

Oh, I guess he means "People rip off Wolverine by making characters have a super healing ability!"

Right.

Unless he means the general personality and character type, in which case... yeah, it's pretty cliche.

 

[Mrh7448]

I havn't seen many canadians who lost their memory, have lived for hundreds of years, been infused with some sort of indestructable metal, signed up for an assassin agency, have a keen regeneration ability, and a keen sense of smell, and short scrappy fighter too boot outside of Marvel. But hey, if you can show me something that's remotely similar, I'll give it you to.

Right but how many characters have the same gruff, lone wolf personality with claws and/or healing factors?

Plenty, just like there have been plenty of Superman types, Batman types etc. Yeah of course they aren't going to have exactly the same background but the cliche of character is there.

Perhaps Rip off was the wrong turn of phrase I figured most people would get the gist of what I was saying. But the influence of those mainstream characters is inevitable and if you create a character that's a gruff lone wolf type with claws and/or healing factor he will obviously end up being compared to Wolvering whether or not he's a canadian whose lost their memory and been infused with a adamantium skeleton.

 

[Dope Nose]

Perhaps Rip off was the wrong turn of phrase I figured most people would get the gist of what I was saying.

most of us did.

 

[bulok]

It doesn't matter anyways, they're all a rip off of Doc Savage

 

[Halcohol]

But is the destruction of NY really original. It's a major city, they weren't the first to think of a story where it gets destroyed, they won't be the last.

Not especially... ever since the WTC attack, New York has been the psychological wound of the USA. It's the place where America is perceived to be at its most vulnerable and so its destruction has a greater emotional impact.