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Life-Story Rights/General Release
The U.S. Circuit Court of Appeals for the Ninth Circuit ruled that a general release signed by the individual on whom the film 'Flashdance' was based barred her claim to a co-authorship interest in the film copyright, as well as her additional claims. Marder v. Lopez, 04-55615. Maureen Marder sued over a 2003 music video featuring Jennifer Lopez that recreated scenes from 'Flashdance.' Marder's complaint included copyright, Lanham Act, unfair competition and right of publicity claims. The appeals court noted that the language of the 1982 release that Marder had signed with Paramount Pictures was 'exceptionally broad and we hold that it is fatal to each of Marder's claims against Paramount. ' [T]hough in hindsight the agreement appears to be unfair to Marder ' she only received $2300 in exchange for a release of all claims relating to a movie that grossed over $150 million ' there is simply no evidence that her consent was obtained by fraud, deception, misrepresentation, duress, or undue influence. Indeed, when she signed the Release, Marder was represented by counsel. She has not asserted that her counsel in 1983 was incompetent or deficient in any way.'
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