Why a judge might buzz-cut the Chris Rock hair lawsuit

By Eriq Gardner

Copyright lawyers know that ideas can't be copyrighted — only the expression of ideas. But the boundaries are far from clear.

Witness the new $5 million lawsuit brought by Regina Kimbell, producer and director of "My Nappy Roots: A Journey Through Black Hair-itage," against Chris Rock, whose new film "Good Hair" wil be released on Friday.

In the complaint, Kimbell alleges that Rock copied substantial elements from her own film dissecting the lengths that black people have gone to take care of their hair. Kimbell alleges a key fact that many copyright cases don't — the defendant's access to the original film: In June, 2007, Rock allegedly attended a private screening of Kimbell's film and is said to have made comments that indicated he was impressed.

But to win a case, Kimbell also has to show similarities in expression. The complaint is a bit more vague on this prong: titles that both deal with hair; both films are socially and politically conscious; both include interviews with doctors; both include visits to India; both use comedians, celebrities, college graduates...

Are these ideas or expression?

Sounds to us like the former. We've seen better similarities in the recent copyright infringement case against "Twilight" author Stephenie Meyer, which isn't saying much.

The complaint acknowledges that Rock was already working on a film on black hair care when he saw Kimbell's film. Rock may have been inspired by some of the elements he saw on screen, but the bar for copyright infringement can be high in cases like this. We won't be surprised if a judge cuts this one short.

Comments

[Meeker]

I know for a fact that two people can come up with similar ideas separately and around the same time. I have written scripts that I haven't shown to anyone only to discover that someone is releasing or has just sold the same idea. It's frustrating, but it happens. The best thing to do is just make a better story than the other. We can have (and have had) movies that are similar to one another come out around the same time. Some were inspired, others were riding the wave, and others simply were a coincidence. Who knows the real truth? This could just be another publicity stunt in which both films get recognition. I probably won't watch either.

[Gigi]

I did a documentary in college about black hair. Does that mean I should get in the lawsuit? I think not! Go get yours Chris. If anything most of his ideas have been swimming in the minds of black women for years. Nothing new!

[Jonathan]

Hmmmm, it seems to me like these facts are better suited to an idea theft cause of action instead of copyright infringement.

Am I wrong. Anyone know why the lawyers are pursuing the full copyright charge?