Copyright Laws and Stupidity: The Kung Fu Panda Dreamworks Fraud

Deadline last week proved that if you’re going to scam someone, make sure that you’re smart about it; especially if that someone is Dreamworks, one of the fastest growing animation companies in the world behind Disney and their affiliates (PIXAR).

The story goes that in 2011 Jamye Gordon had claimed to have had an influence in creating the Kung Fu Panda franchise, producing drawings and various sketches of pandas. In truth, Gordon’s efforts bared little resemble to the Dreamworks vehicle as Deadline points out, citing the US Attorney’s office:

““He made these revisions as part of his scheme so that his work would appear to be more similar to the DreamWorks pandas he had seen in the movie trailer””

It was revealed, rather embarrassingly, that Gordon had taken some of his drawings from a coloring book, which makes the idea, and his asking price, sound even more stupid than it already was. Copyright and copyright infringement does not work that way, just because you have drawings does not mean that you helped create anything, in fact, the only thing that it is grounds for is creative coincidence.

Gordon filed a copyright infringement suit against Dreamworks, ultimately proposing a settlement for $12 million; the proposal was rejected. In December of 2015 Gordon was indicted, in November of that year he was convicted of fraud and perjury. The sentence was carried out last Wednesday May 3rd.

This story, while interesting in itself, does reveal several aspects of the law surrounding copyright and creative control. According to the United States Copyright Office, there are two basic principles of claiming copyright, the first deals with ownership:

“Mere ownership of a book, manuscript, painting, or any other copy or phonorecord does not give the possessor the copyright. The law provides that transfer of ownership of any material object that embodies a protected work does not of itself convey any rights in the copyright.”

On the specifics of transferring copyright rights:

“Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.”

So, it was rather obvious from the get-go that Gordon was going to lose. Had he brushed up on copyright law, he may have found a different way to get his $12 million, like actually making something that would be worth that much, but let’s be honest here, criminals don’t think in terms of law, contracts, and order. They see opportunity and when opportunity knocks, sometimes logic goes out the window.

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