, calling the movie a “brazen exploitation” that used nearly an hour of his copyrighted film footage without permission.producers consent to use hours of footage he filmed of the music legend during the 1990s but that the movie nonetheless contained “a shocking 45 minutes” of his materials.
But after Petty’s tragic death in 2017, the project didn’t come together until 2020, when Atkins says he was invited to a meeting with Petty’s daughter and other reps from his estate. After they promised him the job of directing the upcoming documentary, Atkins says, he provided them with a detailed breakdown of where he had stored the original footage at Warner Music’s storage facility.
When he saw the movie, Atkins says he says he was shocked at what he saw: Roughly half of the movie’s 90-minute runtime was composed of his footage, including some of the “most compelling and iconic shots of Petty” in the movie. “Atkins simply could not believe it.”A likely defense argument from Warner Music is that Atkins produced the footage as a so-called work-for-hire — a legal term meaning he created it at the request of someone else.
But in his lawsuit, Atkins specifically aimed to preempt that argument: “The footage Atkins shot … was not subject to a work-for-hire or other such agreement. Atkins did not license the footage to Petty, Warner Records, any Warner Records affiliate, or anybody else. He was not acting as an employee of Petty or Warner Records, or any other party here is no agreement in existence relating to any of the film footage.
In technical terms, the lawsuit names Warner Music unit WMG Productions LLC, as well as the film’s production company, Girl On LSD LLC. The lawsuit includes counts of direct and secondary copyright infringement and a claim that the defendants effectively stole his property.
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