Calgary Herald

MJ’s estate sues over TV special

- ANDREW DALTON

LOS ANGELES The estate of Michael Jackson has sued ABC and parent company Disney, saying a twohour documentar­y on the singer’s last days improperly used the King of Pop’s songs, music videos and movies.

The lawsuit filed in federal court in Los Angeles alleges that last week’s special, The Last Days of Michael Jackson, 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.

It alleges at least 30 violations and seeks unspecifie­d damages and an injunction against further use of the intellectu­al property.

It frequently cites Disney’s aggressive defence 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 or research.

“Like Disney, the lifeblood of the estate’s business is its intellectu­al property,” it says. “Yet for some reason, Disney decided it could just use the estate’s most valuable intellectu­al property for free.”

Representa­tives from ABC said they had not yet reviewed the lawsuit but reiterated a statement from last week that the special was a piece of journalism and “did not infringe on his estate’s rights.”

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 airing went unanswered.

The special focused on Jackson’s apparent decline in the run-up to his death on June 25, 2009. The 50-year-old left behind heirs that include his mother and three children.

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