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Filmmakers Fail to Beach 'The Island'

The producers behind a 1979 sci-fi cult film have come up short in their bid to block further release of the recent action flick "The Island," which they claim is a direct rip-off of their movie.

Producers Myrl A. Schreibman and Robert S. Fiveson sued DreamWorks and Warner Bros. in August, claiming that there are at least 90 instances in which "The Island" is identical to "Parts: The Clonus Horror."

But U.S. District Judge Shira A. Scheindlin of the Southern District of New York refused to issue a preliminary injunction Oct. 27 after finding that the producers failed to offer "concrete evidence" that the value of their copyright is being destroyed by further distribution of "The Island."

"Whatever harm the distribution of 'The Island' might cause to the value of the 'Clonus' copyright has already occurred in virtually all material respects because 'The Island' has been on the market since July 22," Judge Scheindlin wrote.

"Parts: The Clonus Horror" tells the story of a secret colony where clones are raised to be the personal organ donors for the rich and famous. Written by Bob Sullivan and Ron Smith, "Clonus" has attained sci-fi cult-film status over the years, appearing on the Sci-Fi Channel, twice on CBS and on Comedy Central's "Mystery Science Theater 3000," a now-defunct television show that made fun of various B movies. "Clonus" is also available on DVD.

"The Island," directed by Michael Bay, is a futuristic thriller starring Ewan McGregor and Scarlett Johansson as clones who are raised for spare body parts for "powerful people" living outside the cloning facility.

Since the release of "The Island," nearly a dozen reviewers have noted the similarities between the two films. Hollywood Gothique, on online sci-movie site, said "The Island" is "truly a remake" of "Clonus," while Premier magazine went as far to say that the "first hour of 'The Island' plays like a much more expensive albeit scene-for-scene remake."

DreamWorks said in a statement that "The Island" was "independently created and does not infringe anyone's copyrights."

According to the company's Sept. 29 memorandum in opposition to the "Clonus" producers' motion for a preliminary injunction, DreamWorks added that the copyright infringement suit is "improperly based on a similarity of ideas presented through plot lines and established conventions which are common to science fiction."

Schreibman and Fiveson beg to differ, arguing in their suit that the movie studios "knowingly, willfully and deliberately adopted, imitated, paraphrased, plagiarized, pirated and misappropriated 'Clonus' to create 'The Island.'"

But in her ruling, Judge Scheindlin questioned whether the "Clonus" producers have, in fact, suffered "irreparable harm" from the release of the alleged knockoff film.

"There is evidence here that any confusion has actually benefited 'Clonus' by bringing it increased publicity," Judge Scheindlin wrote. "Although it was produced in 1979, a DVD of 'Clonus' was first released in March 2005."

Judge Scheindlin also noted in her order that even the DVD's distributor, Mondo Macabro, has noted publicly that "Clonus" sales "have definitely picked up."

A trial has yet to be scheduled in the case.