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Appeals court rejects artist’s lawsuit against NBC’s ‘Heroes’

Exhibit 1B from Jazan Wild's complaint

Exhibit 1B from Jazan Wild’s complaint

The Ninth Circuit rejected a comic creator’s $60-million claim against NBC Universal and the producers of the television series Heroes, determining there was no evidence of copyright infringement.

Jazan Wild (aka Jason Barnes) sued the network and Tim Kring’s Tailwind Productions in May 2010, accusing them of stealing the “carnival of lost souls and outcasts” depicted in the fourth season of the drama from his 2005-2006 comic series Jazan Wild’s Carnival of Souls. In his original complaint, he laid out numerous side-by-side comparisons that he contends prove the TV show’s traveling carnival is “virtually identical” to the one in his comic series.

However, in May 2011, a federal judge found that Heroes and Carnival of Souls “differ markedly in mood and setting, and weren’t substantially similar works, and therefore Wild had failed to prove his claim for copyright infringement. In Wild’s appeal, he insisted the judge erred by using too rigorous of a test to determine infringement, arguing that the wide availability of his comic meant he had to meet a lower standard of proof.

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