Episode 47 - Gottlieb vs. Paramount Pictures

A forgotten Gottlieb machine in a Mel Gibson movie sparked a copyright lawsuit that reveals pinball industry legal struggles.

Synopsis

Wedgehead Pinball Podcast discusses an obscure 1990 Gottlieb pinball machine called Silver Slugger that appeared in the background of the 2000 film 'What Women Want' starring Mel Gibson. Guest Nate Taylor, a law student, explains how Gottlieb's rights holders sued Paramount Pictures in 2008 for copyright and trademark infringement: eight years after the movie's release: and how the lawsuit was dismissed early on de minimis grounds (minimal use). The episode explores Gottlieb's decline, the legal doctrine of de minimis use, and broader questions about copyright, fair use, and right-to-repair in the pinball community.

Highlights

• Silver Slugger was released by Gottlieb (under trade name Premier) in 1990 as a cheaper, simpler alternative to modern pinball machines
• Silver Slugger appeared in a scene in the 2000 film 'What Women Want' starring Mel Gibson and Helen Hunt
• Gottlieb's rights holders sued Paramount Pictures in 2008 for copyright and trademark infringement, eight years after the movie's release
• Gottlieb closed in 1996, six years after releasing Silver Slugger
• The lawsuit was dismissed early as a matter of law based on de minimis use doctrine
• The de minimis and fair use doctrines are not codified in the copyright act but evolved from case law
• Gottlieb's rights are currently held by Steve Young and Pinball Resource, who control access to Gottlieb manuals and parts
• Unlike other pinball manufacturers, Gottlieb machine manuals and schematics cannot be freely accessed through the Internet Pinball Database and must be purchased
• Gottlieb had a prototype for a Brooks and Dunn game that was never manufactured before the company went out of business
• The Ringgold v. Black Entertainment Television case, where artwork appeared for a substantial portion of an episode (approximately 12 minutes), formed the legal basis for Gottlieb's de minimis argument

Entities

• Coca-Cola· company
• Columbia Pictures· company
• Gottlieb· company
• Paramount Pictures· company
• Pinball Resource· company
• Ringgold v. Black Entertainment Television· event
• Sandoval v. New Line Cinema· event
• Barbed Wire· game
• Brooks and Dunn· game
• Frank Thomas' Big Hurt· game
• Mario Andretti· game
• Silver Slugger· game
• Internet Pinball Database· organization
• Wedgehead Pinball Podcast· organization
• Alan· person
• Alex the Waterboy· person
• David Gottlieb· person
• Helen Hunt· person
• Mel Gibson· person
• Nancy Meyers· person
• Nate Taylor· person
• Steve Young· person
• What Women Want· product