Case 5

Joseph Coleman & Richard Luckett v. Clive Barker, Trans Atlantic Films, Fifth Avenue Productions, Paramount Pictures, Nostradamas Pictures, & Miramax Films

U.S. District Court, Southern District of New York – May 10, 1993 (Case No. 93 Civ 3127)

The case was dismissed upon filing a notice of dismissal prior to service of defendant's answer or motion for summary judgment. 

On May 10, 1993, Gale Elston, attorney for plaintiffs Coleman and Luckett, brought an action in the USDC, Southern District of NY, against defendants Nostradamas Pictures, Trans Atlantic pictures, Miramax Films, Paramount Pictures, Fifth Avenue Productions, and Clive Barker for copyright infringement of Coleman's artwork "Portrait of Professor Mombozoo" in the film Clive Barker's Hellraiser III: Hell on Earth. Plaintiff alleged also breach of Luckett's contract rights set forth in an agreement dated 9.24.91. Particularly, it occurred that defendants have failed to perform the conditions on the contract by failing to give Luckett on-screen Consultation Credit in Clive Barker's movie. Copyright infringement occurred with the release of the film on 11.1.1992. In light of the release of the home video version of the film, Plaintiff sought in the same action a temporary restraining order.

Plaintiff Coleman is a significant is a significant original artist with a national and international following whose reputation in the art world was seriously damaged by the release of the film with the reproduction of his famous "The portrait of Professor Momboozoo"Plaintiff sought damages and injunctive relief that would require defendants to refrain from producing, marketing, distributing or selling or otherwise disposing of any copies of Clieve Barker's Hellraiser III.OutcomeThe case was voluntary dismissed with prejudice because a Plaintiff filed a notice of dismissal. The Court granted the motion on October 12, 1993.

Nature of the Suit: Property Rights - Copyright; Contract Rights

Key Nature of the Suit: Intellectual Property; Copyright; Contract Law

Cause: 17 USC 501