French Court Rules That Luc Besson’sLockoutRipped OffEscape From New York

Luc Besson ’s Europacorp has to pay out € 80,000 after a French tribunal ruled that Lockout was pretty much of a copy of Escape From New York .

There are a routine of interesting things to note about this case . First of all , French right of first publication law is , in ecumenical , much more plaintiff well-disposed than America ’s . secondly , the French court noted the fact that brushup of Lockout had mentioned the law of similarity . As much as movie maker like to blame reviewers for losing them money , it ’s actually somewhat true in this case .

A theme on the rule shape Légipresse explain the court ’s logic :

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The court recalled that although ideas are liberal to be used and there could be no auspices merely for the theme of a film , it was nevertheless possible to consider whether the form of the picture was not a characteristic feature , and whether its reproduction was such as to appoint violation of copyright ; this was determine by study similarities rather than difference .

Légipresse summarized the bedamn similarity the motor lodge found :

The court nevertheless note many similarities between the two science - fiction films : both stage an athletic , rebellious and cynical hero , sentenced to a menstruum of isolated incarceration – despite his heroic past times – who is given the offering of mark out to free the President of the United States or his girl held hostage in exchange for his exemption ; he manage , undetected , to get inside the place where the surety is being sustain , after a flight in a glider / space shuttle , and finds there a former associate who break ; he take out off the mission in extremis , and at the end of the moving picture proceed the confidential documents recuperate in the course of the military mission .

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Almost all of this verbal description sound pretty generic . Taken separately , things like “ athletic , malcontent and misanthropical hero ” and “ manages , undetected , to get inside the place where the hostage is being held ” sound like things that every military action movie has . And if the press noting a law of similarity could damn you , every “ Die Hard on a _ _ _ _ _ _ ” movie would be in serious trouble . But under French law , these two films were apparently close enough that Europacorp had to pay out € 20,000 to John Carpenter , € 10,000 to Escape from New York Colorado - author Nick Castle , and € 50,000 to right bearer StudioCanal .

Europacorp is appeal , say that the similarities are common film tropes and that the rein stifles artistic face .

Ironically , the U.S. legal principle that say that genre normal and lineage characters can not be copyrighted has a Gallic name : “ scènes à faire . ”

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