Michael Jackson's estate sues Disney and ABC

The estate of Michael Jackson filed a copyright infringement suit on Wednesday against the Walt Disney Co., alleging that an ABC television special used Jackson’s songs and videos without permission in “The Last Days of Michael Jackson" which aired on March 24.

The estate alleges that the producers used songs including “Beat It, Billie Jean, The Girl Is Mine, Thriller video and clips from the concert documentary, “This Is It."

According to the complaint, “The extent of Disney’s use of the Estate’s intellectual property in ‘The Last Days of Michael Jackson’ is truly astounding."

The estate also denied Disney’s attorneys contacting them to obtain permission before the show aired. Disney insisted that since the show was a documentary, they were entitled to use the material under the “fair use” doctrine.

Howard Weitzman, the attorney for the Jackson estate stated, “If Disney’s position on fair use of the Estate’s copyrights were accepted, a network, studio, or producer could make a documentary about Walt Disney, and spend most of the documentary’s time using, without Disney’s permission, extensive clips of Mickey Mouse, Walt Disney, and Disney movies."

Weitzman also alleged Disney is engaged in blatant hypocrisy  and would never allow a two-hour documentary on “Star Wars” that made extensive use of film clips and the “Star Wars” score.

“Disney is obviously aware of the copyright laws,” he continued. “Disney knows that permission from the copyright owner must be obtained before using copyright works, particularly in commercial projects like the one at issue here. Disney did not do that.”

In a statement, an ABC spokesman denied any violation of copyright laws. In his words, “The ABC News documentary explored the life, career and legacy of Michael Jackson, who remains of great interest to people worldwide, and did not infringe on his estate’s rights.”