A Spanish man says Warner Bros. copied substantial parts of his work to make the 2019 film “Joker.”
Miguel Angel Galvan Arias filed his complaint September 18 in federal court against Warner Bros. Entertainment Inc., Warner Bros. Pictures and WB Studio Enterprises Inc.
Arias seeks damages and injunctive relief under federal and state laws for the unauthorized use of his screenplay manuscript titled “Bolas De Papel,” which he published in 2017. He says the defendants unlawfully copied “substantial elements” from his original screenplay and misappropriated original ideas, plot elements, themes, character arcs and sequences.
“Joker” was directed and co-produced by Todd Phillips, who also co-wrote the screenplay with Scott Silver. It starred Joaquin Phoenix and Robert De Niro. It grossed $1.079 billion worldwide, including $335.5 million in the United States and Canada. It is the second highest-grossing R-rated film of all time and was the first to pass the billion-dollar mark.
According to the complaint, Arias copyrighted his script in Spain on June 18, 2018, and submitted it to the Cannel Film Festival’s Script Competition for consideration on July 1, 2018. He says the defendants learned of his script when he presented it during the Cannes competition.
“Bolas De Papel” translate from Spanish to paper balls.
Warner Bros. released “Joker” on August 31, 2019. It was released October 4, 2019, in the United States, according to the complaint.
“Upon viewing the film, plaintiff recognized that substantial portions of ‘Joker’ were unlawfully copied from ‘Bolas De Papel,’” the complaint states, including some of the alleged similarities.
Some of those listed in the complaint include a talk show host character who has a strong personality and is well-liked by his viewership and plays a pivotal role in shaping public opinion on social and other relevant issues as well as humiliating a guest in the climactic scenes of both. It says both also feature villians/anti-heroes with uncontrollable laughter and shakiness and who are depicted as catalysts for societal change. It also says both have the media playing a central role in both narratives, sensationalizing events and exacerbating public fear and contributes to societal collapse.
In addition, the complaint says both feature a detective character who is deeply introspective “grappling with the moral and ethical challenges of their work, questioning their own ability to solve the case.”
“These substantial similarities demonstrate a deliberate and willful appropriation of plaintiff’s work by defendants,” the complaint states. “Defendants did not seek or obtain permission from plaintiff to use any portion of ‘Bolas De Papel’ in the creation or production of ‘Joker.’
“Defendants continue to disregard and encroach upon plaintiff’s rights, including but not limited to his copyright protected rights to ‘Bolas De Papel’ to make their Joker franchise, with ‘Joker: Folie a Deux,’ the newest Joker movie, set to premiere October 4, 2024, which constitutes a derivative work.
“Defendants have built a billion-dollar franchise based on rights they knew they did not possess.”
Arias accuses the defendants of copyright infringement, unjust enrichment and conversion. He says he has suffered harm, including damage to his reputation and ability to license his work, and he says the defendants will continue to exploit and profit from the unauthorized use of his script without a permanent injunction stopping them from “continuing their infringing actions.”
He is being represented by Jose Teurbe-Tolon of Xander Law Group in Miami.
U.S. District Court for the Southern District of Florida case number 1:24-cv-23597