Comedian Michael Chem has rejected a copyright claim that claimed he removed Kelly Mano’s idea from a TikTok video series called “HomeGirl Hotline”. According to a ruling published on Wednesday, Mano’s jokes are too abstract to be protected under copyright law.
In December, Mano sued Che and NBCUniversal, among other producers and hosts of the HBO comedy show. Damn Michael Che. Manno, who has 1.3 million subscribers on TikTok, claimed that Che spoke in his videos of copying jokes about a service that allows users to call a “girl of the house” to fight on her behalf. He pointed to both works depicting variations on the same theme of violence and revenge, and the similar structure in which the sketches take place.
“Both the first work and the episode are marked by the fact that the protagonist expresses a variation of the phrases ‘Thank you Homegirl Hotline’ and ‘Thank you Homegrrl’, respectively,” the complaint reads.
However, US District Judge Dennis Cott concluded that Mano could not prove that any element of his videos was protected by copyright law. He found that the underlying precondition for the need for an ongoing “house girl” was fundamentally different.
“In the videos, a woman calls a domestic; In the episode, a man calls a domestic a fight because he is not seen hitting a woman,” the order read. “To the extent that there are similarities between the episode and the videos, those elements are not protected.”
Manno admitted in the case that the idea of hiring someone to fight fights is not protected by copyright law.
To establish an incorrect copy, there must be evidence of substantial similarities between the works in dispute. Ideas are not copyrighted.
The judge also rejected arguments that the characters in the two works are substantially similar.
“The two characters are dressed differently; “The only obvious similarity is that the characters are female and both wear sneakers,” the order reads. “Such general and general characteristics cannot be the basis for an allegation of infringement.”
Mano asked the court to suspend analysis to see if the sketches were similar enough to violate copyright law until he had discovery and expert testimony, but Judge Cott refused. He said that it is recommended that you answer the question, as proof of copyright infringement is a comparison with the usual observer of the works.
Chem, NBCUniversal and Mano’s attorney did not immediately respond to a request for comment.
Source: Hollywood Reporter
Camila Luna is a writer at Gossipify, where she covers the latest movies and television series. With a passion for all things entertainment, Camila brings her unique perspective to her writing and offers readers an inside look at the industry. Camila is a graduate from the University of California, Los Angeles (UCLA) with a degree in English and is also a avid movie watcher.
