'Rear Window' Copyright Holder Sues Spielberg & Viacom
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Steven Spielberg, Dreamworks and Viacom stole the copyrighted story on which the Hitchcock film "Rear Window" was based and used it as the basis for their movie, "Disturbia," the copyright holder claims in Federal Court. Hitchcock based his movie on the Cornell Woolrich story, under a license, but the defendants in this case just swiped it, the plaintiff says.
The Sheldon Abend Revocable Trust sued Steven Spielberg, Dreamworks, Paramount Pictures, Viacom, NBC Universal, Universal Pictures, and United International Pictures in this 60-page federal lawsuit, with 120 pages of attachments.
The plaintiff says this is just "the latest in an ongoing pattern of behavior by the Universal Defendants ... and their predecessors, who on numerous occasions in the past utilized the Rear Window Story without securing rights and paying compensation. In multiple rounds of litigation during the 1970s, 1980s and 1990s extending all the way to the United States Supreme Court (See Stewart v. Abend, 495 U.S. 207, 110 S. Ct. 1750 (1990)), the predecessors of Universal Defendants have been required to acknowledge Plaintiff's rights in and to the Rear Window Story and the Rear Window Film resulting in, inter alia, the payment of compensation in order to obtain grants of rights in and to the Rear Window Story".
The lawsuit cites numerous newspaper reviews of "Disturbia" that criticize "Disturbia" as being "ripped off" from the Rear Window story and movie. One reviewer wrote that Spielberg and his associates merely changed the protagonists from old people to teen-agers.
Plaintiff demands restitution, disgorgement, damages and costs. Its lead counsel is Clay Townsend with Morgan & Morgan of Orlando, Fla.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.