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French Author Claims 'Finding Nemo' Plagiarism By Disney
Reuters ^ | December 30, 2003 | Shiraz Sidhva

Posted on 12/30/2003 1:20:59 PM PST by Shermy

PARIS (Hollywood Reporter) - A French children's author has sued Walt Disney Pictures and Pixar Animation Studios, claiming the cartoon fish they catapulted to fame in the worldwide blockbuster "Finding Nemo" was plagiarized from his 1995 creation Pierrot Le Poisson Clown.

Pascal Kamina, a copyrights lawyer representing the author, Franck Le Calvez, confirmed in a telephone interview Monday that the case -- claiming damages for breach of copyright and trademark and demanding that they withdraw "Nemo" books and merchandise from French shops -- will come up for hearing in a French court Feb. 17.

Disney denied the claims.

"We consider the case filed in France to be totally without merit because 'Finding Nemo,' which is owned by Pixar and Disney, was independently developed and does not infringe anyone's copyrights or trademarks," according to a statement that Disney released Monday.

Le Calvez, a 33-year-old aquarium buff, said in an interview Monday that he registered Pierrot as a trademark with France's industrial protection and copyrights body in 1995. An aspiring filmmaker, Le Calvez said he then did the rounds of French production companies and animation studios, hoping they would fall for the lovable tropical fish with white stripes and large orange bulging eyes. But he was turned down, and the little fish languished in a folder until 2000, when Le Calvez decided to make Pierrot the hero of an illustrated children's book.

Registering the screenplay with the French Society of Authors in June 2002, Le Calvez paid nearly $71,000 to publish 2,000 copies of the book in November 2002. Illustrated by Robin Delpuech and Thierry Jagodzinski, "Pierrot Le Poisson Clown" was published by France's Editions Flaven Scene, and the entire print run was sold in a month.

Agreeing that the uncanny resemblance between Pierrot and Nemo could be coincidental (clown fish, Amphiprion ocellaris, do look alike in nature), Le Calvez said he realized something was fishy only after French bookstore chain FNAC removed copies of his book from their shelves, claiming that it was too similar to Disney's version.

"What's really upsetting is that quite a few bookstores won't sell my book because they think that I have plagiarized 'Nemo,"' the author said in an interview Monday. "The two fish look very similar, but it doesn't end there."

Like Nemo, Pierrot lives in a pink sea anemone and starts life half-orphaned because one parent was swallowed up by Liona, the scorpion fish. "The beginning of the story is the same, even if the scenarios then become different," Le Calvez said.

Kamina, who admitted that the film was finished by the time Le Calvez's first book came out (a second has been written since), said he is worried that his client's success will be swallowed up by the American fish. He said the "Nemo" idea probably found its way to the United States through one of the French studios that Le Calvez approached in 1995.

"That would be the only explanation," he said. "It's not just the resemblance of the clown fish, smiling with a raised fin. We have also found the same supporting characters in the film -- such as a surgeon fish and cleaner shrimp -- and gentle fish folk who help the little troubled hero. The similarities are sufficiently troubling for us to ask for an explanation from Disney."

The lawyer said his client is still waiting for an answer from Disney and that if they don't hear from the company, Le Calvez will press ahead with his lawsuit in France.

"I want my fish to live," Le Calvez said.

Reuters/Hollywood Reporter


TOPICS: Business/Economy; News/Current Events
KEYWORDS: disney; lyingfrench
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To: JustAnAmerican
Not sure where it stands right now but there was a court case mentioned a while ago by the estate of Milne to reclaim the rights to Winnie the Pooh from Disney. If Disney loses that it could be a crippling blow. They derive a huge percentage of income from that franchise.
41 posted on 12/30/2003 2:39:27 PM PST by xp38
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To: azhenfud
[grin]
42 posted on 12/30/2003 2:39:33 PM PST by bootless (Never Forget)
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To: lady lawyer
Reminds me of Harvey Comics suing Ghostbusters. I'll admit,when the Ghostbusters logo came up on the screen, I thought,"Oh, the studio got the rights to use Fatso of the Ghostly Trio" (The ghost behind the onscreen logo looks that much like the character, IMO.) But the judge disagreed and threw out the case, saying, "There's only so many ways you can draw a ghost".
43 posted on 12/30/2003 2:43:08 PM PST by kaylar
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To: JustAnAmerican
I do wildlife art. While I copyright my WORK, I do not, nor can I, copyright the animal in each picture.
44 posted on 12/30/2003 2:48:37 PM PST by cake_crumb (UN Resolutions = Very Expensive, Very SCRATCHY Toilet Paper)
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To: cake_crumb
I wrote a high school composition called The Littlest Christmas Tree in 1956; got an A and had to read it to the class.

The Higginbotham family, quite poor, bought the worst tree of all time- the entire story was narrated by the tree.

I was quite surprised years later to see the same thing on T.V.

45 posted on 12/30/2003 3:10:00 PM PST by Old Professer
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To: JustAnAmerican
As much as I despise the Anti-American French, his version actually pre-dated Disney's by a few years..Le Calvez, a 33-year-old aquarium buff, said in an interview Monday that he registered Pierrot as a trademark with France's industrial protection and copyrights body in 1995.

Unfortunately for him, Pixar's fish is not named Pierrot and all clownfish look pretty similar. Also, they really do live in sea anemones, so that aspect belongs to another Creator as well.

46 posted on 12/30/2003 3:13:03 PM PST by RebelBanker (Deo Vindice)
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To: Shermy
Just keep suing, just keep suing...


47 posted on 12/30/2003 3:18:18 PM PST by GalaxieFiveHundred
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To: Old Professer
The story of the girl who wins a Christmas tree, but her father won't let her have it because his wife died on Christmas, so, in tears, she gives the tree to a very poor family who can't afford one?
48 posted on 12/30/2003 3:21:36 PM PST by cake_crumb (UN Resolutions = Very Expensive, Very SCRATCHY Toilet Paper)
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To: Terry Mross
Reminds me of the movie, "A BUG'S LIFE" and "ANTS"... two studios made two different films, because of creative differences.
49 posted on 12/30/2003 3:25:15 PM PST by Pan_Yans Wife (Submitting approval for the CAIR COROLLARY to GODWIN'S LAW.)
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To: lady lawyer
It would be pretty hard to draw a cartoon clown fish that DIDN'T look just like Nemo.

You could draw one like Howie Dean.

50 posted on 12/30/2003 3:56:53 PM PST by leadhead
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To: Shermy
Pierrot Le Poisson Clown

"Finding Nemo" sounds better...

51 posted on 12/30/2003 4:12:09 PM PST by dware (ingredients include mechanically separated chicken and beef parts)
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To: Shermy
Just threaten to sue the Frenchman. He'll surrender.
52 posted on 12/30/2003 4:18:05 PM PST by VRWC_minion (Opinions posted on Free Republic are those of the individual posters and most are right)
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To: cake_crumb
Close; mine was based on the tree not being sold because it was so ugly, and everytime some family would come in the tree would plead silently for them to buy him and take him home with them so he could be like the other prettier trees; the Higginbothams were quite poor and the little girl finally cadged her father into buying the wretched thing because it was all they could afford.

But, magically, when they got the tree home and decorated it with string and ribbon and scraps of bright paper, the tree glowed with the light of a thousand stars, sorta dopey but I wrote it in a couple of hours and turned it in the next day, the deadline, of course.

53 posted on 12/30/2003 4:19:45 PM PST by Old Professer
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To: Old Professer
It sounds like a good story.
54 posted on 12/30/2003 5:06:33 PM PST by cake_crumb (UN Resolutions = Very Expensive, Very SCRATCHY Toilet Paper)
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To: Old Professer
It sounds like A Charlie Brown Christmas.

-PJ

55 posted on 12/30/2003 5:08:16 PM PST by Political Junkie Too (It's not safe yet to vote Democrat.)
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To: dware
I though it was a dean campaign poster.......
56 posted on 12/30/2003 5:10:10 PM PST by Brett66
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To: Shermy
Copyright laws were written for the express purpose of seeing to it that Mickey Mouse never enters the public domain, therefore all copyrights belong to Disney, even the ones that don't.
57 posted on 12/30/2003 5:57:39 PM PST by E. Pluribus Unum (Drug prohibition laws help fund terrorism.)
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To: pogo101
I was in a movie called DAZED AND CONFUSED. Universal said it's never made a profit but it's number 17 on Entertainment Weekly's list of the top 50 cult films of all time.

As for the "few sentences", you know more than I do but I assume it was a treatment. That's just as good as a script since the writer usually doesn't get writer's credit anyway.
58 posted on 12/30/2003 8:46:58 PM PST by Terry Mross
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To: cake_crumb
copyright would have expired. Its public domain now.

59 posted on 12/30/2003 8:57:08 PM PST by longtermmemmory (Vote!)
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To: Andyman; Shermy
Pixar did the production, including story development. Disney just distributed it. Clownfish all look the same. BTW, no little fin on the one in the book.

Although I am not in the movie industry, I have had some discussions with folks at Pixar about film development (a company I was working for at the time had a contract with Pixar, HQ'ed in Emeryville, CA near Oakland). They didn't need to plagarize to conceive Toy Story, A Bug's Life, Toy Story 2 or Monsters, Inc. In fact, a case could be made that former Disney sub-honcho Jeffrey Katzenberg, who left in a huff and joined Steven Spielberg and David Geffen to form DreamWorks, may have appropriated thematic aspects of A Bug's Life for DreamWorks' Antz, which was completed and released before Bug's.

I remember the Kimba cartoons from my early childhood. They were one of many Japanese cartoons that were run on a UHF station that had a daily schedule heavy with kids' programming (anybody remember Prince Planet?) I believe that Lion King is a ripoff of Kimba; it's almost a slam dunk. But Pixar's run of success is unprecedented for a new studio. Every motion picture they've released has grossed over $200 million worldwide, and I doubt that they would have to resort to this.

I could turn out to be wrong, but I don't think I am.

60 posted on 12/31/2003 8:55:31 AM PST by L.N. Smithee (Just because I don't think like you doesn't mean I don't think for myself)
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