After the premiere of “The Bridgertons” on Netflix in 2020, Abigail Barlow and Emily Bear created an unofficial musical based on the costume series, which they released via TikTok.. The musical, with original songs, has become a true viral sensation, with millions of likes and thousands of fans obsessed with the songs. The success was such that Barlow and Bear released it as an album and They went on to win the Grammy Award for Best Musical Theater Album. in April of this year.
Netflix, however, has never supported ‘Unofficial Bridgerton Musical’ and over time it has warned its creators that they risk legal action if they don’t stop using their property without permission. The final straw for Netflix came recently, when the duo performed the musical at the Kennedy Center in Washington DC, in a room filled to the brim.
Having turned a deaf ear to their warnings, Netflix has finally sued Barlow and Bear, citing “flagrant violation” of the rights of the company that owns the popular series produced by Shonda Rhimes. In the brief, presented Friday, July 29 at the Washington DD Federal Court, Netflix accuses the composers of “take advantage of creative work and success” of hundreds of artists and workers of “The Bridgertons”, using a registered trademark without authorization “build your own brand”.
“Netflix owns the exclusive rights to create songs, musicals or any other derivative work based on “The Bridgertons””points out the streaming company in the lawsuit. “Barlow and Bear cannot take this right – enhanced by the work of others – for themselves without permission. Yet that’s exactly what they did.”.
The streamer reiterates that he has warned the authors of the musical on several occasions that they were making money without having received authorization, but “Despite this, Barlow and Bear say they have carte blanche to profit from Netflix’s intellectual property as they please.”. According to Billboard, Washington show tickets have gone up to $ 149and other performances are already planned around the world, including one at London’s legendary Royal Albert Hall.
legal loophole
According to Netflix, “Live show includes more than a dozen songs that copy the dialogue, character traits, expressions and other elements of “Los Bridgertons” to the letter. During the performance, Barlow and Bear led the audience to believe they were using the “Bridgerton” brand with permission, despite the fact that Netflix firmly refused. “.
When it comes to fan fiction, there is no legal unanimity in the United States. Here the key would be the profit motive, as, while some unofficial projects and parodies have been authorized by fair use law, those that end up being profitable, as is the case, can be considered derivative works and, therefore, would need a license to be distributed or performed. With a Grammy, coveted tickets and shows all over the world, everything indicates that the unofficial musical of “The Bridgertons” would fall into the latter category, although we will have to wait to see who the law is for in this case.
Source: E Cartelera
