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11 December 2011

Lightstorm's Avatar amidst a Copyright storm

The 2009 release of worldwide blockbuster movie, “Avatar” had been targeted several times with accusations and lawsuits claiming copying of idea, script, content and screenplay, all unsuccessful so far in obtaining a judgement against the filmmaker James Cameron and his company, Lightstorm Entertainment. 

A complaint filed by Eric Ryder, former employee of Lightstorm Entertainment on 12.08.11 has however gathered much interest in the film and media circles in Hollywood, as it is the first such claim by a former employee who alleges non appreciation of his efforts and exclusion of his name from the success of the movie.

Ryder, according to the complaint made by him before the Los Angeles Superior Court alleges that in 1999 and for two years thereafter, he worked on the story of a movie (“K.R.Z. 2068” along with its creating treatments, scenery elements, graphic presentations, artistic renderings, photos, 3-D imagery and character elements) while he was the employee at the Lightstorm Entertainment. The plot of the movie, according to him, included "environmentally-themed 3-D epic about a corporation's colonization and plundering of a distant moon's lush and wondrous natural setting".

However, plans to make movie based on the story written by Ryder were put to rest in 2002, when Lightstorm informed him of its decision to not make a movie on the said theme citing reason that “no one would be interested in an environmentally themed science fiction film”.

In the year 2009, filmmaker James Cameron and Lightstorm Entertainment released a movie called as “Avatar” with the same story, script and screenplay as that of K.R.Z. 2068, as claimed by Ryder and made billions out of the movie.

Ryder points out several substantial similar elements in the two films, some of which are as follows:

1.    3-D effects faraway moon’s environment

2.    Earth based corporation sending people to travel to a faraway moon of a distant planet

3.     Earth based corporation having colonized deep space to mine a substance of incredible value

4.     Loss of a closed one of the protagonist

5.     Promise of huge compensation to protagonist by the earth based corporation

6.     Creation of anthropomorphic creatures to experience alien environment

7.     Extraordinary sensory experiences of protagonist in movie and his ability to connect with the habitants of the new world in the movie

8.     The lush environment in the indigenous world

9.     Sensory experiences shared with the lock of hair at the back of the head through a pony tail

10.   Using of digital diary by the protagonist

11.    Destructive mining practices of Earth based corporation and usage of violence to set an example for revolting beings

12.   Protagonist support and leadership for lunar beings of the indigenous world

13.   A vessel to keep actual body of the protagonist

14.   Happy ending etc.

Based on the aforesaid similarities, Ryder claims that the movie, “Avatar” is actually same as the movie penned by him. He also alleges that he and Lightstorm had an implied agreement that the company wouldn't exploit his material, which he disclosed to them in confidence, unless he was compensated and credited.

Given the background, Ryder alleges breach of implied contract, fraud, and negligent misrepresentation, intentional interference with prospective economic advantage and negligent interference with prospective advantage in his complaint and prays damages for himself and punishment to the filmmaker and his company.

In light of the complaint filed by Ryder and in wait of the reply from the filmmaker, James Cameron and Lightstorm Entertainment, it is difficult to analyze if Ryder may have a case or will die out like many others with due course of time.

Author: Vintee Mishra

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