Thursday, April 25, 2024

Michael Jackson Estate Settles Lawsuit with Disney Over ‘Last Days’ TV Special

Michael Jackson
Michael Jackson

*Disney and the Michael Jackson Estate have reached an agreement concerning ABC’s “The Last Days of Michael Jackson,” which premiered in May 2018 and used excerpts from the singer’s works.

The suit was settled via an agreement approved by both parties after the estate took issue with the use of MJ’s “image and music” in the TV special, THR reports. Disney argued that it was entitled to use the clips under the “fair use” doctrine.

According to the initial claims, the estate accused the team behind the special of failing to ask for permission to use Jackson’s image and music, including music videos, live performances, doc footage, and more—until “days” before its debut.

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Michael JacksonThe estate’s claim noted examples of Disney protecting its own copyrights.

“Disney has threatened to sue independent childcare centers for having pictures of Mickey Mouse and Donald Duck on their walls, forcing them to remove all pictures of Mickey or Donald — and other anthropomorphized mice or ducks — rather than face ruinous litigation from one of the world’s largest corporations,” the suit alleged, according to Variety. “Disney once sued a couple on public assistance for $1 million when they appeared at children’s parties dressed as an orange tiger and a blue donkey. Apparently, these costumes cut too close to Tigger and Eeyore for Disney’s tastes.”

“In light of all of this, the plaintiffs in this case…were genuinely shocked when they watched Disney’s prime-time two-hour television program,” stated the complaint, adding that “Last Days” was “a mediocre look back at Michael Jackson’s life and entertainment career.”

Disney’s star litigator Daniel Petrocelli fired back with: “This case is about the right of free speech under the First Amendment, the doctrine of fair use under the Copyright Act, and the ability of news organizations to use limited excerpts of copyrighted works — here, in most instances well less than 1% of the works — for the purpose of reporting on, commenting on, teaching about, and criticizing well-known public figures of interest in biographical documentaries without fear of liability from overzealous copyright holders.”

On Wednesday, both sides filed a notice dismissing the complaint pursuant to a settlement.

“The dispute with Disney has been amicably resolved,” Jackson estate lawyer Howard Weitzman said.

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