Comic creator sues for $60 million over Heroes carnival storyline

[lacywest]

Posted on May 17, 2010 - 07:30 AM by Kevin Melrose

From "Jazan Wild's Carnival of Souls"

Just a day before NBC announced the cancellation of Heroes, a comic creator sued the network and Tim Kring's Tailwind Productions, claiming they ripped off the "carnival of lost souls and outcasts" used in the show's fourth season.
In a lawsuit filed Thursday in Los Angeles federal court, Jazan Wild (aka Jason Barnes) claims the traveling carnival that menaced the final season of the NBC drama is "virtually identical" to the one depicted in his 2005-2006 comic series Jazan Wild's Carnival of Souls.

"The settings and the storylines are virtually the same," the complaint states. "The main character in both stories leads a carnival of lost souls and outcasts. This dark character seeks to make his carnival more powerful by recruiting new members with special abilities. The appearance of some of the characters is also virtually identical to those in the plaintiff's books. [...] Even the dialogue is similar. Indeed, some of the scenes in Heroes appear as if plaintiff's books were used as storyboards by the defendants."

Lacywest ... has this comment

As I have mentioned before a time or two ... my wife worked at Corcoran State Prison 2 ... in the libraries there.

She ordered some ... graphic novels for the inmates to read in the libraries there. One of them was this ... "Carnival of Lost Souls".

As my wife was watching the 4th Season of ... Heroes ...... she was telling herself ... that this looks familiar to the stuff she ordered for the libraries. She told me ... after reading about this lawsuit ... that as she was watching ... Heroes ... she wondered if they got permission. Well ... NBC ... you screwed up ... again.

http://robot6.comicbookresources.com/2010/05/comic-creator-sues-for-60-million-over-he...val-storyline/

http://www.courthousenews.com/2010/05/17/27327.htm

See Carnival of Souls comparisons from $60-million Heroes lawsuit

• Posted on May 19, 2010 - 04:00 AM by Kevin Melrose

Carnival of Souls #1

Carnival Comics has provided Robot 6 with a copy of Jazan Wild's $60-million lawsuit against NBC and Heroes creator Tim Kring, complete with color images detailing alleged similarities between the TV series and the comic Carnival of Souls.
The lawsuit, filed May 13 in Los Angeles federal court, alleges that the traveling carnival featured prominently in the fourth season of Heroes is "virtually identical" to the one depicted in Wild's 2005-2006 comic series.
Wild (aka Jason Barnes) wants to prevent NBC from rebroadcasting the season, and seeks compensatory and punitive damages for copyright infringement, intentional interference with prospective economic advantage, unfair competition and unjust enrichment.
After the break you can see some of the side-by-side comparisons from the complaint:

Exhibit 1B from Jazan Wild's complaint

"The opening shot of the Carnival on Heroes (right), has the Ferris Wheel and tents in the same position as Carnival of Souls (left). Colors of poles are the same; sign positions are the same and the string lights are the same. The scene appears to be directly storyboarded from Carnival of Souls and uses the same camera angle.)"
Exhibit 1C from Jazan Wild's complaint

"Here are both Carnivals’ Ringmasters. Notice the same color design and style of clothes, as well as the position of characters. The scene seems to be directly storyboarded from Carnival of Souls and uses the same camera angle.)"
Exhibit 2C from Jazan Wild's complaint

"In the above scene, both protagonists see the Magical Carnival that has appeared in the remote wooded area. Both Magical Carnivals have a character with outstretched hands welcoming the protagonists into a ghost-like deserted carnival. The camera angle of both characters is substantially similar. The Heroes’ scene seems to be directly storyboarded from Carnival of Souls.)"
Exhibit 2D from Jazan Wild's complaint

"In the above scene, both protagonists see the Magical Carnival that has appeared in the remote wooded area. Both Magical Carnivals have a character with outstretched hands welcoming the protagonists into a ghost-like deserted carnival. The camera angle of both characters is substantially similar. The Heroes’ scene seems to be directly storyboarded from Carnival of Souls.)"
Exhibit 3A from Jazan Wild's complaint

"Above is the 'House Of Mirrors' from both series. The camera angle of the House Of Mirrors and the design, specifically the title above the entrance and pull away red curtains, are substantially similar. The scene seems to be directly storyboarded from Carnival of Souls.)"
Exhibit 3B from Jazan Wild's complaint

"Above is where both protagonists have their names called out to them and both protagonists then reply 'Mother/Mom' when their dead mother appears to them in the mirrors. The camera angle of both characters as well as the circular House Of Mirrors design are substantially similar. The scene seems to be directly storyboarded from Carnival of Souls.)"
Exhibit 4A from Jazan Wild's complaint

"Above is where both stories have an evil character enter the House Of Mirrors and blast an enemy with Kinetic Energy from his hands. The camera angle is substantially similar. Both are overhead shots as the evil character enters. The design of the mirrors is similar, as is the darkness behind the mirrors. The scene seems to be directly storyboarded from Carnival of Souls."
Exhibit 5A from Jazan Wild's complaint

"Above is the picture of the Jamaican Witchdoctor from both stories. Note the glowing white eyes."
Exhibit 7 from Jazan Wild's complaint

"Both stories have a character who can see the future being warned that a Hunter is coming to attack the Carnival."
Exhibit 9 from Jazan Wild's complaint

"Both stories have a Hunter who attacks the Carnival while his daughter is at the Carnival. On the left is a scene where the Hunter from Carnival of Souls is looking at his daughter through the scope of his rifle. In the picture on the right, the Hunter from Heroes is also looking at his daughter through the scope of his gun, while he is attacking the Carnival."
Exhibit 10 from Jazan Wild's complaint

"Above, both stories have the Carnivals being destroyed. Top left, the evil character is attacking the Carnival of Souls and people are fleeing. Top right, the evil character is attacking the Heroes Carnival and people are fleeing. Bottom left, the blonde-haired girl in a panic flees from the Carnival of Souls. Bottom right, blonde-haired girl in a panic flees from the Heroes Carnival."

[lordsmurf]

The first half seems stupid to me -- most of those complaints are over standard shots and generic story plots.
The last half does have some similarities.

[Supreme2k]

If you've seen the series and read the graphic novels, you would see the similarities become more evident. I was also tempted to do a frame-by-frame with the GN when I saw this.

It doesn't have to be that exact. If you look at movies that are adaptions of comics, some of them aren't even as close as these two.