Copyright Case Analysis Charles Barton Bollfrass v.

Copyright Case Analysis

Charles Barton Bollfrass v. Warner Music Group Cor

Copyright infringement occurs when an individual or other entity uses another person's works without the proper authorization or licensing. Generally, infringement occurs when a copyrighted work is reproduced, distributed, publically displayed, performed, or transformed into derivative works without the copyright holder's permission. In a recently settled court case brought against Warner Music by Charles Barton Bollfrass, Bollfrass alleged that Muse and Warner Music infringed upon the copyright he holds on a screenplay and storyboard art, and also accused Warner Music of engaging in unfair trade practices.

In the lawsuit filed on August 30, 2012 in which Bollfrass sued Warner Music for $3.5 million, he argued that Muse's song "Exogensis: Symphony," from The Resistance (2009), "was substantially similar to his screenplay, 'Panspermia/ExoGenesis," because the two works shard similar themes and narrative plots (McAfee, 2013). Allegedly, both Muse's song and Bollfrass's screenplay featured astronauts and space travel "in an attempt to spread human life to other planets" (McAfee, 2013). According to court documents, Bollfrass contacted the band in 2005 and 2006, requesting that the band compose the screenplay's score, however, after Muse and Warner Music acquired the screenplay, Bollfrass learned that they had to decided to pass on the project.

Additionally, Bollfrass alleged that The Resistance (2009) "contained three sequential musical tracts that infringed the copyright for his 'cinematic science-fiction rock opera'" and that cover art for the album featured an image "lifted from the storyboards of his screenplay" (McAfee, 2013).

Despite these allegations, U.S. District Judge Louis L. Stanton dismissed Bollfrass's lawsuit. Judge Stanton determined that Bollfrass's claims were insufficient and had "practically no legal or factual basis" (McAfee, 2013). Furthermore, Judge Stanton determined, "The similarity of the two works here lies in their concepts, abstracted to a high degree of generality…Both works are based on a concept of planetary breakdown and space travel, but their treatment is markedly different" (McAfee, 2013). However, while Judge Stanton granted Warner Music's motion to dismiss, he did not award Warner Music's requests for attorney fees because he determined that Bollfrass's lawsuit was not frivolous (McAfee, 2013).