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

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. Defendants failed to perform 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 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 Clive Barker’s Hellraiser III.
The case was settled satisfactorily to Plaintiffs, in terms of credits and compensation.

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

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

Cause: 17 USC 501