Hitler's globe and other lurking evils

By Eriq Gardner

When an actor or actress displays fine acting showmanship, they are often said to be "chewing the scenery." 

Which leads to an interesting question: Are there films in which scenery bites back?

Take 2000's "What Women Want," about a chauvinistic advertising executive (Mel Gibson) with the power to read the minds of the women around him. The makers of the Silver Slugger pinball machine that appeared on-screen in the ad agency where Gibson worked sued Paramount, claiming that the studio behind the movie violated copyright and trademark laws, unfair competition, unjust enrichment and deceptive trade practices.

Last week, Southern District of New York Judge Denny Chin issued an interesting opinion in tossing out the lawsuit. Chin ruled that Paramount had indeed copied the Silver Slugger trademark from its owner, Gottlieb Development. However, Chin the copying was "de minimus," or too trifling to be considered actionable.

It's surely a decision being read by the copyright owners of Hitler's infamous globe, who were making noise last week that they may sue United Artists, makers of the Tom Cruise film "Valkyrie," in which a replica appears.

Interestingly, the Silver Slugger case isn't the first time where the owners of background scenery in films and television shows have sued for infringement. The Gottlieb decision cites prior examples. In 1998, the 2nd Circuit Court of Appeals ruled that several photographs in the background of the film "Se7en" were not actionable for copyright claim. A year earlier, the same 2nd Circuit reached a different conclusion concerning a copyrighted poster depicting a Sunday school picnic at the Freedom Baptist Church in Atlanta in 1909 that appeared in the HBO sitcom "ROC." In the latter case, the plaintiff won because it was able to show a "qualitative connection between the poster and the show," according to Judge Chin's decision.

In Gottlieb, the judge said the Silver Slugger was chosen because it fit in with the sporty theme of the depicted ad agency and was only one of numerous background items to appear. 

So yes, scenery can chew a film's profits, but only when they earn their keep. 

 Read the entire decision.