VAL KILMER PROTECTS ARTISTS’ RIGHTS TO EXPRESS IDEAS IN THEIR OWN WAY
Ann-erika White Bird
SANTA FE, NM February 18, 2020 — Texas artist Bale Creek Allen filed a lawsuit in 2018 against actor and artist Val Kilmer, alleging Kilmer copied Allen’s realistic tumbleweed sculpture finished in gold. Bardacke Allison asked a federal court to throw out the lawsuit because Kilmer only copied the idea of making a golden tumbleweed, creating his own tumbleweed sculpture rather than copying Allen’s. Ideas are not protected by copyright and every artist is free to express an idea in his or her own way. In addition, Allen’s tumbleweed sculpture had no copyright protection to the extent it merely replicated an object in nature. Before the Court ruled, plaintiff Allen voluntarily withdrew his own lawsuit permanently and without any settlement agreement. Ben Allison represented Val Kilmer.