Fantasy Artist Roger Dean Loses Avatar Lawsuit

[Solomon Zorn]

When I saw the floating "Hallelujah Mountains" in the movie, Avatar, I immediately thought Roger Dean had been involved. Then they showed the elaborate natural-stone arches in the valley, and I was sure of it. Then I scanned the credits diligently for his name, and didn't see it.

It turned out he was suing Cameron for copyright infringement.

I just thought to check the status of the lawsuit. It was dismissed back in September 2014. I found a very interesting commentary on the judgement:
http://copyright.nova.edu/avatar-lawsuit/

[Munch]

I remember having posters of his when I was teen, without even knowing much about him as an artist. I never made the connection when watching avatar, maybe just thought the landscape came from ideas like those of floating islands and such.

[Solomon Zorn]

If you combine the look of the Home-tree, with the rock formations and the floating mountains that have trees and waterfalls on them, it looks like Roger Dean, to me. He's been rendering that stuff for decades.

[Hijiri Byakuren]

I'm not seeing a connection. Avatar's landscape looks more anime-inspired to me than anything else. I do know the look of the floating mountains was directly inspired by a mountain chain in China.

[Solomon Zorn]

https://www.google.com/search?q=Roger+Dean+Avatar&rlz=1C2CHWA_enUS625US625&biw=1445&bih=758&tbm=isch&tbo=u&source=univ&sa=X&ei=VvVMVaLQH9GlyATE3YGoBg&ved=0CB0QsAQ&dpr=0.9

[Solomon Zorn]

Click on these and take a close look. Roger Dean has been portraying alien worlds this way since the late 1960's.

[Hijiri Byakuren]

Yeah, I'm still not seeing any connection. No, I'm not being an apologist -I don't even like Avatar- I just honestly don't see a connection. Avatar's visual style strikes me more as being inspired by Asian landscapes and anime.

[Solomon Zorn]

How old is the anime in question? Maybe he has grounds for another lawsuit.

[SGOS]

I can just maybe see the grounds for a lawsuit, but it seems to me that Avatar's mountains are enough different from the pics in this thread that the lawsuit might be stretching.  I'd bet the idea came from the concept invented by the artist in question, but can you copyright that kind of an idea?  I don't know.  Having said that, it's probably prudent to read the commentary.  I might want to amend this post when I do.

Edit:  Hmmm.  I guess there is a precedent against stealing ideas, but as soon as an automaker comes up with an innovative idea like power windows, the other companies follow with the same idea the next year, and the ideas seem to just flow through the entire industry.  Well, I don't know.  I'm not good at judging these legal opinions.  But this is most definitely an interesting case. 

[Hijiri Byakuren]

How old is the anime in question? Maybe he has grounds for another lawsuit.

I wasn't thinking of a specific one when I said that, but a lot of fantasy anime have similar landscapes to what you see in Avatar.

[SGOS]

There is a female artist that does western art (Beth or Bess Somebody??), hiding horses and Indians like ghosts in trees. leaves, and rocks.  The ghosts are the rocks and the trees, but looked at in the right way, they form two images that can be interpreted both ways.  When I first saw her work, it reminded me of the exact same kind of visual puzzles I found in puzzle books as a kid.  They were like Where's Waldo, except much more cleverly hidden.  I don't think that artist ever got sued, but I'm betting she had seen the same puzzle books I had.

[aitm]

There is a female artist that does western art (Beth or Bess Somebody??), hiding horses and Indians like ghosts in trees. leaves, and rocks.  The ghosts are the rocks and the trees, but looked at in the right way, they form two images that can be interpreted both ways.  When I first saw her work, it reminded me of the exact same kind of visual puzzles I found in puzzle books as a kid.  They were like Where's Waldo, except much more cleverly hidden.  I don't think that artist ever got sued, but I'm betting she had seen the same puzzle books I had.

Beverly Doolittle I think you have in mind. Yeah, when I lived in texas the wife bought 6-7 of her stuff. Had it all over the house. Very good stuff and all, but to much "indian spirit" woo for me.

[SGOS]

Beverly Doolittle I think you have in mind.

Yes, her name was just on the tip of my tongue, but I couldn't call it up.

[Solitary]

Having been a former illustrator and graphic artist the judgment was accurate. Ideas cannot be copy written, and any change in an original means it isn't a copy or infringement according to the law. To show how extreme this can be, a nasty old woman wanted Dali to pain her portrait, she sued him after it was done and reviewed in front of a large crowd of rich snobs and lost the law suit. He had panted a very hideous dragon.    I did a cartoon of a man in a hot rod with a cop behind him writing a ticket with his face all black from the hotrods exhaust, while the driver of the hot rod had a big grin on his face. The original was a motocycle. Solitary 

[Solomon Zorn]

Having been a former illustrator and graphic artist the judgment was accurate. Ideas cannot be copy written, and any change in an original means it isn't a copy or infringement according to the law.

I'm not so sure about that. Did you read the article? The judges opinion was self contradictory. And he just dismissed the case outright, instead of letting a jury decide the case.