Facts vs. Expression: James Franco Sued for Violating Film Rights to Charles Bukowski Novel

Facts vs. Expression: James Franco Sued for Violating Film Rights to Charles Bukowski Novel.

Can James Franco do a movie about Bukowski’s childhood, even if he doesn’t own the rights to Bukowski’s autobiographical coming of age novel Ham On Rye?  More importantly, do the plaintiff’s claims against Franco have a chance of succeeding at all?  “[I]t’s possible to do a biography without infringement, as facts can’t be copyrighted. But the arrangement of facts in a creative manner can be protected, and so [plaintiff] Humphris is coming to court with an interesting claim that he is essentially entitled to Bukowski’s expression of childhood and any imaginative flourishes therein.” Continue reading