Filmmaker James Cameron and Twentieth Century Fox Film Corp. based the likeness of an “Avatar” character on the features of indigenous actress Q’orianka Kilcher without her permission, she said in a lawsuit filed Tuesday.
Whether he admitted it or not, unless she’s gone through the process of actually trademarking her chin shape (which I doubt) it’s not going to be nearly a unique enough feature to waste the courts time with.
The only question the courts have to ask is if there is a reasonable chance that a “viewer” could recognize that as her chin when watching the movie and did it do anything to her reputation as a result. The answer of course is no. No one would have EVER known it as her if Cameron hadn’t mentioned it in passing.
Is there a law that establishes the definition of likeness and is it entitled to any rights?
Where is the limit that separates something similar to something else entitled to anything protected by the law?
Where is the line drawn ?
I’m sure there’s something, but personally I can’t imagine a law specifying geometry & texture similarity percentiles and a reproducible analysis procedure.
Entitled to what exactly? Her chin shape?
Whether he admitted it or not, unless she’s gone through the process of actually trademarking her chin shape (which I doubt) it’s not going to be nearly a unique enough feature to waste the courts time with.
The only question the courts have to ask is if there is a reasonable chance that a “viewer” could recognize that as her chin when watching the movie and did it do anything to her reputation as a result. The answer of course is no. No one would have EVER known it as her if Cameron hadn’t mentioned it in passing.
Is there a law that establishes the definition of likeness and is it entitled to any rights?
Where is the limit that separates something similar to something else entitled to anything protected by the law?
Where is the line drawn ?
I’m sure there’s something, but personally I can’t imagine a law specifying geometry & texture similarity percentiles and a reproducible analysis procedure.