By Tamera H. BennettPosted November 16, 2008
The trial against Tyler Perry, his production company and Lions Gate Entertainment, Inc. is set to start on December 3 in the Eastern District of Texas.
The plaintiff, Donna West, who filed the May 2007 lawsuit in U.S. District Court in Marshall, Texas, says "Diary of a Mad Black Women" is based on an original story she wrote entitled "Fantasy of a Black Woman" in November 1990. According to the complaint, in July 1991, the script was performed as a play in Dallas, Texas.
The Magistrate in the case issued an opinion last week that defendant's motion for summary judgment should be granted denying the claims for infringement of state copyright law, violations of federal and state unfair competition laws, and conversion. Although not clearly pled, the only remaining claim is for copyright infringement under the U.S. Copyright Act.
Perry's legal issues continue with his tv show "House of Payne." He has been accused of unfair labor practices.
As a side note.... I saw a Tyler Perry play about seven years ago at Dallas' Black Academy for Arts & Letters. It was amazing!