BBM Copyright Infringement Lawsuit

[Lynne]

Author Files $250M Copyright Infringement Lawsuit Against "Universal" and the Studios That Financed and Distributed the Film

Washington, DC (BlackNews.com) - Author, Janice Scott-Blanton, filed a $250M copyright infringement lawsuit in U.S. District Court in Washington, D.C. The complaint alleges that similarities between her novel My Husband is on the Down Low and I Know About It and the Academy Award winning motion picture film Brokeback Mountain 2005, are more than coincidence.

To support her allegations, Scott-Blanton has cataloged over 50 substantial similarities between the two bodies of work; these similarities range from subtle to the stark. During an early bar scene in the movie, Scott-Blanton saw an occurrence that reminded her of a scene from her novel but she gave it the benefit of the doubt. While continuing to view the movie, Scott-Blanton recognized during the first sexual encounter between Jack and Ennis another similarity; the scene reminded her of a sex scene from her novel; this was not a coincidence. She placed the movie on pause and retrieved her novel. After reviewing the scene from her novel, she realized the scenes were eerily similar. A coincidence at this point but this caused Scott-Blanton to view the remainder of the movie with a more critical eye.

A more stark similarity is exhibited after James' and Annette's ninth wedding anniversary, when Annette from Scott-Blanton's novel confronted James regarding his homosexual activity. James told her that he had purposely written a confession in his journal because he knew she had been secretly reading it; he did not know of any other way to tell her about his secret. This scene transpires in a kitchen setting. After Thanksgiving dinner, in the movie Brokeback Mountain, Alma confronts Ennis (her husband) regarding his homosexual activity. Alma told Ennis she had purposely written a note and put it on the end of his fishing line for him to find. This scene also transpires in a kitchen setting.

Scott-Blanton intends to prove in court that there are substantial similarities in the domestic life, characters, plot, thematic expressions, sequence of events and the total look and feel of Brokeback Mountain as compared to her novel My Husband is on the Down Low and I Know About It.

About the Author
Janice Scott-Blanton, M.Ed., is a native of Mobile, Alabama, is a former alcohol & drug clinician turned relationship author and columnist. She lives in the Washington, D.C. metropolitan area.

For media interviews contact: Michelle Knolton at (571) 251-5947

CONTACT:
Michelle Knolton
571-251-5947

http://www.blacknews.com/pr/janicescottblanton101.html

[Scott6373]

Sorry...read that book...it was terrible.  I read BBM for the first time last year, and then the film, and not once was I reminded of "My Husband is on the Down Low and I Know About It"  If she is suing Universal, why isn't she suing Annie Proulx?

[Front-Ranger]

Yeah, and what took her so long?

[MaineWriter]

Sorry...read that book...it was terrible.  I read BBM for the first time last year, and then the film, and not once was I reminded of "My Husband is on the Down Low and I Know About It"  If she is suing Universal, why isn't she suing Annie Proulx?

Maybe Annie should sue this chick, since BBM was published in 1997 and this book has a copyright date of 2005...wait a minute...this book came out after the movie was made. How on earth can they be stealing from her story?

A blatant ploy to drum up sales for a crappy, self-published book if you ask me. Go read the excerpts on amazon. It is so bad it is funny.

L

[Lynne]

Sorry...read that book...it was terrible.  I read BBM for the first time last year, and then the film, and not once was I reminded of "My Husband is on the Down Low and I Know About It"  If she is suing Universal, why isn't she suing Annie Proulx?

Cool that you've read her book, Scott.  I didn't want to editorialize without all (any?) facts .  I expect Universal's pockets are deeper.

OK, I'll editorialize.

If the similarities mentioned in the article are her best examples, it's weak, weak, weak.

Hello?? Universal themes??

For instance, I've played the Junior/Ennis scenes out in my own life *countless* times with really only small variations on the same theme.

[opinionista]

Her lawyer is definitely giving her a terrible advice if she intends to go on with the lawsuit. She is either stupid or insanely greedy.

[nakymaton]

She's not suing Annie Proulx because the novel is copyrighted 2005. (According to the copyright info on Amazon, at least.)

And the lawsuit is probably going forward to attempt to get publicity for the book. It wouldn't take much research at all to discover that the scenes Scott-Blanton describes were all published in a short story in the New Yorker in 1997.  Heck, I've got a screenplay draft that's older than her novel.

[SFEnnisSF]

Well, the author of this vampire book should sue the other author of that vampire book then.

The author of this love story should sue the other author of that love story.

The author of this 'how to get rich' book should sue the other author of that 'how to get rich' book.


 

[Ellemeno]

But you guys, it says that the husband and wife in HER book had a conversation in the kitchen.  Ennis and Alma have a conversation in their kitchen.  If that doesn't prove something, I don't know what does.

 

[ifyoucantfixit]

   it is my considered opinion, that if there is a lawyer there is way;  to make a suit i mean
if they see a chance however remote..they are going to make a suit...they have no
intention of really winning a suit, but they probably hope to get a quick settlement in order
to have a quick piece of cash....

[Shakesthecoffecan]

That was my thoughts, hoping to be a thorn in the side of Universal, which has plenty of money, it might make sense to play them off rather than tie up their lawyers for however many years.

I hope they don't, just ain't right.

[Shakesthecoffecan]

Here is a review of her book from 2005: (http://www.branscum.net/archives/2005/05/index.html)

May 14, 2005
Baffling PR: Novel or Nonfiction?
I understand that a certain flexibility, let's call it, has crept into the definition of nonfiction. There was one author, for example, who explained to students, although not her readers, that she had tweaked various things in her memoir. (For flow? To improve the narrative? Don't recall and don't actually object to the practice if it is disclosed to readers.) But what are we to make of this newly processed chunk o' marketing communications?

"The Book That’s Sending Shock Waves Across the Nation

"Author Janice Scott-Blanton releases her debut non-fiction novel 'My Husband Is On the Down Low and I Know About It,' published by JaRon Publishing Group.

"(PRWEB) May 14, 2005 -- On March 20, 2005, Janice Scott-Blanton’s released her debut novel with a celebration at the Zanzibar on the Waterfront in Washington, DC. Scott-Blanton has written a true to life novel that is taking readers on a journey into the life of Annette Hawkins (alias), who is confronted with her military husband’s lifestyle of living on the 'down low.' ... Scott-Blanton has conducted dozens of face-to-face and telephone interviews with Annette, reviewed a video tape and read journals that Annette and Lieutenant Colonel James Hawkins maintained over the years." Gotta wonder about that videotape. Was she watching home movies of a family BBQ or something considerably hotter?

Perhaps this book is nonfiction, with names changed to protect real individuals. Maybe it's a novel that was inspired, as the movie folks like to say, by true events. Fine either way. But a nonfiction novel? Get outta Dodge. Stop scaring the horses and confusing the pitifully few readers left in our great country.

[Toast]

Is the american judiciary so far out of touch that someone can file a $250,000,000 case alleging that a story written in 1997, filmed in 2004, released in 2005 can be accused of stealing ideas from some laughable book self-published in early 2005?

Don't they have a little slip that you fill in giving the details of your case?
Do the "author", "lawyer", and "filing clerks" all think a 'great idea' becomes a film from May to September of the same year?
But then maybe you have to go into court to get thrown out of court.

I hope to god that he didn't sleep with the sheep, because then the case will probably go to $350,000,000.

[nakymaton]

Is the american judiciary so far out of touch that someone can file a $250,000,000 case alleging that a story written in 1997, filmed in 2004, released in 2005 can be accused of stealing ideas from some laughable book self-published in early 2005?

Maybe the lawyer plans to submit a time machine as evidence.

[MaineWriter]

Maybe the lawyer plans to submit a time machine as evidence.

LOL...I wonder if that would even work. The whole thing is ludicrous and the book is crap...at least based on the excerpts I read. As I said in my earlier post, I believe this is all a publicity stunt, pure and simple.

And the fact that we are talkiing about shows that she is getting the publicity she wants. There are enough foolish people out there that will actually buy her book because of this. That's all the author wants.

L

[Mikaela]

Well, if nothing else comes of this inane lawsuit at least I had good bemused fun reading about it, and even more so reading all the witty comments in this thread!  

And "thanks" to Oprah   I don't even have to ask what being on the down low means; - her very so-so interview with the BBM cast cleared that one up for me one year ago.    Eeep, how time flies!  Something Janice Scott-Blanton has completely failed to notice, it would seem.....

[Lynne]

Nothing new here - just that The Advocate also has the story:

http://www.advocate.com/news_detail_ektid41457.asp

[Toast]

Thanks Lynne for the text of the story as it appeared on a GAY site.
   Our straight friends at FOX might get a field day out of this.

Obviously the Advocate did the usual thing and ran the story without any independent checking of the "facts" of the story.  Don't they know the Brokeback timeline??

We all should email the Advocate  letting them know that Annie Proulx did her writing before 1997, and that screenplays were circulated in 2003 and 2004 before the film was filmed in the first half of 2004. 
[email protected]

I think someone should check out the whole book.
Does her husband call his dick "Uncle Harold"?
Are there tires or tire-irons in the book?
Is there a mention of eating beans in her book?
Maybe there's a pup tent in the book, surely to god a pup.... or a horse.
Mmmmm???




Janice Scott-Blanton, M.Ed., is a native of Mobile, Alabama, is a former alcohol & drug clinician turned relationship author and columnist. She lives in the Washington, D.C. metropolitan area.

She even has the handkerchief codes in her book.

[Lynne]

30 January 2007

Author Janice Scott-Blanton filed $250 million lawsuit claiming there are too many coincidences between the film ‘Brokeback Mountain’ and her novel, ‘My Husband is on the Down Low and I Know About It’.

The similarities, she says, are evident in over 50 scenes in the movie, including the first sexual encounter between the two cowboys.

Publication dates may be of particular interest to the courts: Scott-Blanton’s novel came out in March 2005; Annie Proulx’s short story, later adapted into the film, was published in 1997. You do the math.

http://www.gcn.ie/content/templates/dailydish.aspx?articleid=1832&zoneid=2

[Toast]

"The complaint alleges that similarities between her novel My Husband is on the Down Low and I Know About It and the Academy Award winning motion picture film Brokeback Mountain 2005, are more than coincidence."

I think Universal should act all scared, let her and her "lawyer" prove their case of the similarities, and then let the judge (and jury of her peers) decide how come her book is so much like Brokeback Mountain, which was an earlier publication.  Maybe Universal could claim the $250,000,000 from her.  Her husband might be down low, but how low is she?

[Ellemeno]

I just reread the list of similarities, and if this is the best she can do, it's lame, lame, lame.