Court Declares Emma Thompson Film 'Effie' Does Not Infringe Playwright’s Works

A New York federal judge has declared that a film based on an Emma Thompson screenplay does not infringe the copyright of another screenplay and play based on the same historical events. The decision in Effie Film, LLC v. Murphy, No. 11 Civ. 783, 2013 WL 1188018 (S.D.N.Y. Mar. 22, 2013) (hereinafter "Murphy") is a win for all those seeking to dramatize real historical events despite possible interference from competing versions of the same events.

Plaintiff Effie Film, LLC ("Effie Film") was formed to produce the film "Effie" from Thompson's screenplay about the awful real-life marriage between Effie Gray ("Gray") and John Ruskin ("Ruskin"), a Victorian-era art critic. Defendant Gregory Murphy ("Murphy") wrote a screenplay and stage play, both titled "The Countess," also about Gray and Ruskin's marriage. Murphy's ongoing claims to Effie Film and the media that "Effie" infringes his copyright in "The Countess" caused Effie Film to take the somewhat unusual move of preemptively seeking declaratory judgment that "Effie" does not infringe Murphy's copyright. Judge Griesa agreed that there was no infringement and granted Effie Film's motion for judgment on the pleadings.

Interestingly, Effie Film asked Judge Griesa to rule on the copyright infringement of a film not yet made. When the case was filed in February 2011, "Effie" had no financing and no cast. Murphy attempted to get the case dismissed arguing the action was premature and presented no actual controversy, but as time went on, "Effie" took shape— the funding was secured, cast finalized, script revised, and shooting completed. Meanwhile, Murphy continued publicly claiming infringement, including in an April 2011 Daily Mail article he penned called The Day I sat in Emma Thompson's kitchen and accused her of stealing my movie. Judge Griesa therefore allowed Effie Film to amend its complaint on March 2012 reflecting changed circumstances, and the court issued its March 22, 2013 ruling on the basis of "Effie's" final "shooting script," reasoning that minor changes in editing would not be material. In his decision, Judge Griesa dispensed with Murphy's argument that the court could not issue a declaratory judgment without having seen the film, reasoning that filmmakers' unique intellectual property concerns and business realities could justify this preemptive procedural relief.

On the merits, this decision addressed the evolving question of copyright law as applied to historical fiction, the...