Thursday, February 12, 2009

2008 in Review: Presence of Pinball Machine in Mel Gibson Movie Was Not Infringement

Gottlieb Development LLC distributes and sells the "Silver Slugger" pinball machine, which features copyrighted designs. The pinball machine appears in the background of a short scene in the 2000 Mel Gibson film What Women Want.

In response to portrayal of the machine in the film, Gottlieb filed various claims against the film's distributor (Paramount), including copyright infringement. On Dec. 29, 2008, an opinion was issued in the case, which was docketed as Gottlieb Development LLC v. Paramount Pictures Corp. The court found that Paramount’s use of Gottlieb’s "Silver Slugger" pinball machine in the background of the scene in What Women Want was de minimis and that Gottlieb's copyright claim was not actionable.
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