A California judge has denied a request for a temporary restraining order to delay the release of horror comedy film “The Blackening”. Plaintiffs Zahara Ariel and Jaryah Bobo claimed that the film infringed on their copyrights of a screenplay called “Southern Education” and a card game called “Black Card Revoked”. However, United States District Court Judge Dale S. Fischer ruled that the plaintiffs had “not demonstrated any substantial likelihood of success on the merits.”
In her ruling, Fischer stated that the plaintiffs had not provided enough detail regarding their screenplay and card game, and that there was no evidence that the expression of ideas in either had been copied in the making of the film. She added that “an idea or concept, rather than the expression of that idea or concept, cannot be protected by copyright.”
Although the judge acknowledged that “The Blackening” did feature a horror-comedy element where the testing of “Blackness” was done by a killer who chose victims based on their ability to answer questions, as in the “Southern Education” script, she ruled that “that aspect of the ‘Blackness’ questioning was present in a comedy sketch created by some of the Defendants prior to the creation of Southern Education. Thus, this additional similarity provides little to no support for Plaintiffs’ position.”
The film, which is based on a Comedy Central short and opened via Lionsgate, follows a group of old friends who are reunited in a cabin in the woods. They discover a creepy-looking board game called “The Blackening” and are forced to play it when a twisted killer on a TV threatens to kill one of their entourage if they refuse.
The plaintiffs were unable to prove any significant likelihood of irreparable harm and failed to establish that any of the relevant factors favored an injunction. Lionsgate Entertainment Corp. is represented by Kendall Brill & Kelly, while MRC II Distribution, Hot Sauce, and Oaktree Entertainment are represented by Kinsella Weitzman Iser Kump Holley.
Despite the lawsuit, “The Blackening” is expected to have an opening weekend of $6 million-$8 million after making $900,000 in Thursday previews. Lionsgate acquired domestic rights to the MRC-financed pic for about $5 million in the weeks after its Toronto International Film Festival premiere.
A lawsuit against Lionsgate seeking to delay the release of horror comedy film “The Blackening” has been denied by a California judge. The plaintiffs failed to provide enough evidence to prove their case that the film infringed on their copyrights of a screenplay and card game. Although the film features a horror-comedy element where the testing of “Blackness” is done by a killer who chooses victims based on their ability to answer questions, the judge ruled that this aspect was present in a comedy sketch created by some of the defendants prior to the creation of the plaintiffs’ screenplay. Despite the lawsuit, “The Blackening” is expected to have a successful opening weekend at the box office.
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