Godzilla Lawsuit - Copyright Karma Coming Back To Bite Toho On The Behind?

[Brendon Connelly]

I'm not well at all - I think Rich e-mailed me his germs, in fact - but there's some strange and interesting things out there, and I want to bring them to you. So, a few talking points stories, in something of a fuss-free manner.

Then bed. Then getting up and feeling really, really well - right? Right?

Let's start with a little bit of Godzilla controversy.

I haven't been able to find multiple sources, so consider this unverified, but I was tonight sent a link to the Japanese language blog Blogos. What follows is based upon their report.

So, it's said that the family of Ishiro Honda, director of the original Gojira, are suing Toho, the company that produces and releases the big green fella's pictures. The Honda estate are apparently looking to secure the full copyright, but Toho are desparate to retain, at the very least, the lucrative merchandising rights.

A recent, similar case by the estate of Akira Kurosawa went against Toho, so there's every chance it will happen again.

Which is a real turnaround. Toho have been hugely litigious in the past, slapping down several uses of the Godzilla name or likeness, including:

• Warner Bros. for Godzilla's cameo in Pee Wee Herman's Big Adventure
• Subway for an animated Godzilla-alike in a commercial for their sandwiches
• A band called Asshole Godzilla for their name
• The Adler Fels Winery for their Cabzilla Cabernet Sauvignon
• Honda, the car manufacturers, for using the big ol' Gorilla Whale in a commercial, just this year.

The problem seems to be that most folk assume Godzilla is public domain, and he's very much not. The question today, though, is in whose domain is he really?

There's no suggestion in the report that this rights dispute will effect Legendary and Gareth Edwards' upcoming US Godzilla movie.

I'll keep looking for clarification on this one. If you have any more info, please send it over.

Incidentally, Criterion are releasing Honda's landmark 1954 original on DVD and Blu-ray in January. Can't wait.

[Vbartilucci]

There was, for a bried time, a place called Godzilla Sushi in New York City, just around the time they were filming The American Film Of Which We Do Not Speak. A VERY short time after people found out it existed, it was re-named "Monster Sushi".

In both cases, my unbidden first thought was "The serving sizes have got t be HUGE..."

[longbowhunter]

The real question is,WHERE CAN I GET A PAIR OF THOSE SLIPPERS?!?!?!?!?!? TO TEH INTERNET!!!!!!

[Scopi]

I'm not sure exactly on what grounds Honda's estate is basing these claims. I'm also not sure what Kurosawa court case is being referred to, but I assume it has something to do with the early films that fell out of copyright. If that's case here (and I don't think it is) the rights would revert to the producer, not the director. Are they claiming the character of Godzilla has fallen out of copyright? Maybe. Still, you'd think those rights would still revert to the producer, not someone the producer hired.

[Comedian]

Maybe it's just me, but I only recall two cases regarding Kurosawa and Toho. The first one was actually over the "remake" of Seven Samurai that was The Magnificent Seven. Kurosawa won that one. More recently, Toho sued a DVD company for putting out DVDs of Kurosawa's work that should have been in public domain. Toho won that case. Here is some info on the Magnificent Seven case: Copyright infringement - Dennis Campbell, Susan Cotter, Center for International Legal Studies - Google Books

[Thad]

They also revoked the rights for the MST3K version of Godzilla vs. Megalon -- after the DVD set had already been released, prompting a recall. I've seen that set on sale for upwards of $200 on Amazon. Wish I'd bought it when I had the chance.

[Ravenstone]

As others have said, I'd be very surprised if the Honda Estate found any grounds for a lawsuit like this. As an employee of Toho, Honda was the director of the film, but the original idea came from producer Tomoyuki Tanaka, who assigned Honda to the picture. Additionally, the story was written by popular novelist Shigeru Kayama, further distancing Honda from authorship, and the physical appearance was created by Eiji Tsuburaya and his staff, working closely with Tanaka. NOne of this is meant to diminish Honda's extremely important contribution, but any claim to restoration of copyright by his heirs would seem to be on shaky ground.

[Gabriel]

Honda Estate vs. Toho Ramifications?

The story of the alleged copyright lawsuit against Toho by the heirs of Ishiro Honda over the Godzilla character may have some big ramifications if 1.) the story is true or, 2.), they actually win.

The story does not sound Japanese to me. Maybe in America, perhaps (i.e., Bela Lugosi Jr.'s legal actions over his father's image and The Three Stooges).

If the story is true and Honda's heirs prevail and win the Godzilla copyright from Toho, could we see Noriaki Yuasa's estate taking similar action against Kadokawa Pictures (the successor company to Daiei) over the Showa Gamera and Shusuke Kaneko over the Heisei Gamera? Who knows what (or who) may come out of the woodwork?

It will be interesting to see how this plays out, if true.

[Gabriel]

The real question is,WHERE CAN I GET A PAIR OF THOSE SLIPPERS?!?!?!?!?!? TO TEH INTERNET!!!!!!

Try this link:
Godzilla Plush Feet - Toy Vault - Godzilla - Plush at Entertainment Earth
Godzilla Plush Feet
Price: $30.99

[Gabriel]

From Akira Kurosawa Info 20 March, 2008:
Toho sues Cosmo over Kurosawa DVDs

From Variety:
Mon., Apr. 2, 2007
Kurosawa films center of suit - Toho targets DVD sales company

TOKYO -- Toho filed suit in Tokyo District Court on Monday against a DVD sales company for copyright violations on eight Akira Kurosawa pics, including the classics "Ikiru" and "Sugata Sanshiro."

Toho, the studio where the helmer spent some of the most productive years of his career until his death in 1998, is suing Tokyo-based Cosmo Contents, which has been selling DVD knockoffs of Kurosawa films for ¥1,000 ($8.54) per copy vs. Toho's own list price of $51.28.

Based on its losses so far, Toho is estimating the damage at $128,205.

Before 1971, Japan's copyright law protected pics for 38 years after the creator's death. In 1971, the law was revised to protect film copyrights for 50 years after release.

Toho is claiming that, since the eight pics in question were released before 1971, the old law should apply, meaning that their copyright extends to 2036 -- 38 years after Kurosawa's death.

Cosmo Contents claims the post-1971 law gives it the right to distribute the films, all of which were released more than 50 years ago.