I LOVE the Red Hot Chili Peppers. They are one of my favorite bands. The original title for Love Song was Californication. I wanted to pay homage to the group, but also, Cali, is the character who tries to come between Shane & Dustin.
The day I saw the billboards all over Sunset Blvd. announcing the new Showtime series I was pissed. I kept thinking, if only I could have gotten my act together sooner and done my film. My other thoughts were mean; I hope it sucks, I hope no body watches etc. Then I decided to change the name to Love Song because there are two songs in the film with the same title. One is by The Fabulous Miss Wendy and the other one is by J.K. Music (Love Song, Yo!).
I have to say that I was shocked when I saw the article below. I figured that I could get away with naming my short Californication because the reality is that my film would never be competition for the band or take away from their earnings. I do agree that the title/name Californication was made famous by the band regardless of what the show's creator says.
I don't disagree with the band's action, particularly because it sounds like they were never consulted and the Showtime series has referred to Dani's character as Dani California on a number of occasions. I do like the show, it's well written and well acted. I'm surprised that Showtime or the show's creator never bothered to consult the band. They seem like pretty cool guys and if approached properly, they probably would have been on board.
My next film will probably be the short version of Take The A Train - I took the title from a song by Charles Mingus. The film takes place in Washington Heights where the A train is the iron horse of choice. I hope his estate does not put an injunction on my film!
I love music and everything I've written has been named after a song. Am I in trouble?
What do you think?
Lucy
The Red Hot Chili Peppers sue Showtime
By the Associated Press
November 20, 2007
The Red Hot Chili Peppers on Monday sued Showtime Networks over the name of the television series "Californication," which is also the name of the band's 1999 album and a single on it.
The lawsuit alleges unfair competition, dilution of the value of the name and unjust enrichment, claiming the title is "inherently distinctive, famous ... and immediately associated in the mind of the consumer" with the Red Hot Chili Peppers.
"Californication is the signature CD, video and song of the band's career, and for some TV show to come along and steal our identity is not right," said the band's lead singer, Anthony Kiedis, in a statement.
The television series stars David Duchovny as a novelist suffering from writers' block and a mid-life crisis.
The show features a character named "Dani California," which is also the title of a Red Hot Chili Peppers song released in 2006, according to the lawsuit.
The suit also names the show's creator and executive producer, Tom Kapinos, and two production companies, Twilight Time Films and Aggressive Mediocrity, Inc.
A call Monday to an attorney for Showtime was not immediately returned. Attempts to find a listing for Kapinos were not successful.
The suit seeks a permanent injunction barring Showtime and the other defendants from using the title "Californication" for the show, damages and restitution and disgorgement of all profits derived by the defendants.
In July 2007, Kapinos told reporters at a Television Critics Association press tour in Beverly Hills that he first heard the term in reference to Oregon.
"Apparently in the '70s there were bumper stickers that said 'Don't Californicate Oregon,' because Californians were coming up there, and I just thought it was a great, great title for this show," said Kapinos.
No comments:
Post a Comment