TV special on Jackson draws lawsuit
The King of Pop’s estate alleges Disney, ABC illegally used intellectual property.
The estate of Michael Jackson is suing ABC and parent company Walt Disney Co., saying a two-hour documentary about the King of Pop’s last days improperly used his songs, music videos and movies.
The lawsuit filed Wednesday in federal court in Los Angeles alleges that the television special — “The Last Days of Michael Jackson,” which aired last week — illegally uses significant excerpts of his most valuable songs, including “Billie Jean” and “Bad,” and music videos, including “Thriller” and “Black or White.”
It also says ABC used clips from the estate’s 2016 Spike Lee-directed documentary, “Michael Jackson’s Journey From Motown to Off the Wall,” and from the 2009 feature film “Michael Jackson’s This Is It.”
The lawsuit alleges at least 30 violations. It seeks unspecified damages and an injunction against further use of the estate’s intellectual property.
The suit frequently cites Disney’s aggressive defense of its own copyrights and its normally narrow view of “fair use,” the doctrine in copyright law that says short excerpts can be used for news, criticism and research.
“Like Disney, the lifeblood of the estate’s business is its intellectual property,” the lawsuit says. “Yet
for some reason, Disney decided it could just use the estate’s most valuable intellectual property for free.”
Representatives from ABC did not immediately respond to a request for comment. But when the Jackson camp first raised objections last week, the network defended the special as a legal work of journalism on a newsworthy subject that “does not infringe on his estate’s rights.”
The network said that as a courtesy, it stopped using an image of Jackson to promote the show to which the estate had objected.
As a work of news, the special would be entitled to fair use of excerpts of Jackson’s work, but the lawsuit dismisses the idea that the documentary had any news value, calling it “a mediocre look back at Michael Jackson’s life and entertainment career.”
The lawsuit says warning letters sent to Disney attorneys before the program aired went unanswered.
The special focused on Jackson’s apparent decline in the run-up to his June 25, 2009, death. The 50-year-old left behind heirs who include his mother and three children.
Jackson died of acute intoxication of propofol, a prescription anesthetic he had been taking as a sleep aid during preparations for a series of comeback concerts.
Former cardiologist Conrad Murray was convicted in 2011 of involuntary manslaughter for giving Jackson a fatal dose of the drug. He served two years in jail, and his conviction was upheld in 2014.