By EUN-KYUNG KIM
Associated Press Writer
ALEXANDRIA, Va. (AP) -- A federal judge issued an injunction Tuesday prohibiting
the video release of the film "Devil's Advocate" because of a
copyright dispute over sculpture depicted in the movie.
He delayed the order for 48 hours to give studio executives time to settle
part of a copyright lawsuit on their own.
U.S. District Judge T.S. Ellis III ordered Warner Bros. to delay releasing
the film until a jury could decide whether it illegally copied the artwork
of a prominent local artist. The movie, which stars Al Pacino and Keanu
Reeves, was scheduled to be released on video Feb. 17.
Sculptor Frederick Hart, along with the Washington National Cathedral, filed
suit against Warner Bros. over the use of his copyrighted artwork, "Ex
Nihilo." The bas-relief, found at the cathedral's main entrance, depicts
the creation of mankind from chaos as told in the book of Genesis.
The work features male and female nudes in various poses. In the film "Devil's
Advocate," an image of the sculpture comes to life and writhes erotically
in the apartment of the devil.
Hart and the cathedral claim confusion between the work and the sculpture
in
the film has damaged both their reputations. Hart also is known for the
"Three Soldiers" bronze statue at the Vietnam Veterans Memorial.
His attorney, Campbell Killefer, said Hart's colleagues and friends have;
has received many phone calls and letters from upset colleagues mistakenly
believed he authorized the use of the artwork in the film.
Warner Bros. attorney Robert Schwartz offered to negotiate with Killefer
and cathedral lawyers to prevent Ellis' injunction from going into effect.
The judge agreed and arranged for another federal judge to act as a mediator.
Schwartz declined to suggest what possible solutions he had in mind but
Killefer said he wanted the studio to alter the movie to disguise the sculptures.
He also wanted Warner Bros. to launch a publicity campaign acknowledging
that it was not authorized to use Hart's work.
Asked if it would be possible to recall all the videos, which already have
been shipped to stores, and alter specific images, Killefer said: "They're
the genius and I have every confidence that they can pull it off."
Warner Bros. has conceded that the artist who designed the sculpture in
the movie had reviewed several works of art, including "Ex Nihilo."
However, the studio claims it has the right to use that image under the
protection of the First Amendment.
Ellis partially agreed with that argument.
"The First Amendment can't be relied upon to license the infringement
to violate copyright laws," Ellis said.