“This is not merely a case in which the defendant has not breached any obligation that it has to the plaintiff,” he adds. “Even if the Decree did not explicitly permit Cleopatra to interview Pyle, any references to the band or its members would have constituted a nominative fair use,” writes defendant’s lawyer, Evan Mandel. Than, there’s freedom, or more precisely, the First Amendment. Street Survivor may be informed by Pyle’s story of the plane crash and his involvement in the band, but Cleopatra points out that he has been interviewed about the subject on numerous occasions without objection. Cleopatra also draws attention to how Lynyrd Skynyrd has been on tour since February, suggesting plaintiffs may be in violation of the Consent Order. Cleopatra also argues that it isn’t bound by the Consent Decree because it wasn’t party to the legal action 30 years ago. The defendant says he didn’t direct or produce the film in question, and it’s added that the coming film won’t use the band’s music and will begin with an explicit disclaimer stating that neither Lynyrd Skynyrd nor any bandmember had authorized the film. In court papers opposing a preliminary injunction ( see here), Cleopatra’s attorney speaks of how Pyle was once assisting in the writing of the script, but that after plaintiffs complained about his role, Pyle’s writing involvement ended.
Also being sued is the film division of Cleopatra Records. Following the judge’s order, the parties entered into a settlement agreement, adopted by a judge as a “Consent Order.”Īrtimus Pyle, who joined the band as a drummer in 1974, is described as a signatory to the Consent Order, although he evidently attempted to sign it “under protest.” Nevertheless, suing Lynyrd Skynyrd parties maintain he is restrained through agreement and court order from authorizing or participating in any story that purports to be a history of the band. A judge at the time heard about the “blood oath,” considered trademark law as well, and came to the conclusion that a “Lynyrd Skynyrd Live” album in conjunction with a 1987 tour would confuse consumers.
Ten years after the crash, a tour by surviving members of the band would set off litigation about use of the band’s name. As described in newly unsealed court papers ( read here), survivors agreed “never to use the name Lynyrd Skynyrd again in an effort not to capitalize on the tragedy that had befallen the group.” The dispute emanates from a “blood oath” taken upon the plane crash that befell the 1970s band which popularized Southern rock.
A worldwide VOD and home video release which will include a stand-alone official soundtrack CD are coming June 30 th via MVD Entertainment Group.'Star Trek: Strange New Worlds' Actress Jess Bush Talks Honor and Joy of Making Iconic Franchise Character Her Own Pyle also performed a live music concert with this band that featured the hit songs by Lynyrd Skynyrd. Says Pyle: “ This film’s story – MY story – is not just about the plane crash but also about my personal relationship with the genius that was Ronnie Van Zant – whom I loved like a brother and still miss to this day.”Ĭleopatra Entertainment completed an international festival run followed by a domestic theatrical run, which included personal appearances by Artimus Pyle, who introduced the film and participated in Q&As with the audience. Pyle also contributes original music to the film’s soundtrack. The biopic recreates the story about the ill-fated flight through the eyes of former Lynyrd Skynyrd drummer Artimus Pyle (who narrates the film), who not only survived the plane crash that claimed the life of the band’s founder and frontman Ronnie Van Zant amongst others, but who also physically pulled the remaining survivors out of the plane wreckage before staggering towards the nearest farmhouse in rural Louisiana to seek help. STREET SURVIVORS: The True Story Of The Lynyrd Skynyrd Plane Crash was scripted and directed by Jared Cohn (Devil’s Revenge, Devil’s Domain), produced by Brian Perera and co-produced by Tim Yasui for Cleopatra Entertainment.
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