Academy Loses Lawsuit Over Oscar Look-Alike

The Oscar statuette, a gold-plated icon to the motion picture industry since it was first awarded in 1929, is not protected under copyright law, according to a 25-page decision handed down this week by a Los Angeles District Court judge--a ruling that will allow anyone to use the Oscar likeness without the approval of the Academy of Motion Picture Arts and Science.

The academy, which has carefully monitored the use of Oscar’s image since having it copyrighted in 1941, filed the copyright infringement lawsuit in 1981 against Creative House Promotions Inc., a trophy company in Chicago. The small company manufactures the Star Award, a gold-colored metal trophy of a naked muscular male holding a star to his chest. The trophy was created in 1976 for corporations to present to employees who “reach for the stars.”

The academy charged that the Star Award bore a striking resemblance to its Oscar, a heavier, slightly larger image of a nude male clutching a sword. The case was heard in March by Senior U.S. District Judge Laughlin E. Waters. His decision, which essentially ruled that Oscar belongs in the public domain, was entered Monday but was not received by the parties until Wednesday.

“The Oscar does not enjoy any copyright protection,” Creative House attorney Eric Olson said.

“We were surprised the decision went the way it did,” academy executive director Bruce Davis said Thursday. Davis said that the academy will appeal the decision.

“It’s been known for years that the academy didn’t officially copyright the Oscar until 1941,” Davis continued. “Between 1929 and 1941, 158 statuettes were awarded. The judge decided that the copyright was invalid because of those 158 statuettes.”

Prior to 1941, the academy claimed common-law copyright protection for the Oscar as an unpublished work of art. Davis said that in its appeal, the academy will try to persuade the courts that the Oscar never entered the public domain as art because the statuettes were presented to a narrow range of recipients for a prescribed purpose, and were never sold by the academy.

In addressing that issue, the judge said that “there appears to be another articulated purpose. Since its founding in 1927, the undisputed purpose of the academy has been to advance and promote the motion picture arts and sciences.”

In a prepared statement issued Thursday, Academy President Karl Malden said, “We are determined to protect and defend the Oscar, which the judge himself recognized as ‘the most well-known award in the world.’ ”

Under the current decision, anyone can legally make copies of the Oscar statuette, although the academy’s trademark and service marks for the Oscar and the Academy Award names and symbols are still protected.

Creative House President Ed Jordan said that he initially presented the academy with drawings of a new trophy in order to avoid legal proceedings altogether.

“We never, never used the word Oscar,” Jordan said. “Our figure doesn’t even look like Oscar. When we offered to change the figure, the academy rejected it. They want to control the nude human figure, and you can’t do that. This is a victory, but I’ve gone through lots of fees needlessly. I just want to be left alone.”