Arthur Kent files second suit against 'Charlie Wilson's War'

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TORONTO -- It's unlikely there'll be a follow-up to the movie "Charlie Wilson's War," but a lawsuit one Canadian journalist has launched against the film's producers has already spawned a sequel.Veteran war correspondent Arthur Kent has launched a second lawsuit, this time in Canada, against the makers of "Charlie Wilson's War," stemming from the 2007 Universal Studios film's use of footage Kent produced for a BBC news program about the Soviet Union's conflict in Afghanistan.Whereas Kent's initial lawsuit targets the film's producers and its U.S. distributors, the new suit is directed at Universal Studios Canada Inc., and claims that the company's distribution of the film in Canada infringes on his copyright."A-list stars and studios complain about piracy, but in this case Universal has stolen and mutilated material that belongs to someone else," Kent said in an interview."I have great respect for (the film's star and producer) Tom Hanks and Universal, but Hollywood moguls must respect the copyright laws that we all work by," he said. "There isn't one set of lenient rules for rich moviemakers and a harsher set for documentarians and for the public."Kent -- who earned the "Scud Stud" nickname while reporting live for NBC during Iraq's Scud missile attacks in the 1991 Persian Gulf War -- said his initial lawsuit against Universal in the United States has elicited little response beyond legal maneuvering from the movie studio and its lawyers, and that he hopes the Canadian legal system will allow the case to be heard more quickly.In August 1986, Kent produced a 10-minute documentary for the BBC program "Newsnight," which detailed the time he spent with the mujahideen in the northeastern mountains of Afghanistan during their conflict with the Soviets. Kent says that segments from the documentary, including images and narration that he produced, appeared in "Charlie Wilson's War" without his permission.Kent says the movie, in which Hanks portrays former U.S. Sen. Charlie Wilson, contains "grossly inaccurate" information and that Universal "perpetuates and deepens the public's misunderstanding of the Afghan conflict ...," according to court filings."They're welcome to do a fairy tale about the Afghan war, but not with my voice track," he said in the interview. "As well as infringing my copyright, (the film) tarnishes my reputation because people who are aware of the facts of Afghan and American history assume when they hear my voice track that I endorsed (the film's) narrative, and I don't."None of the allegations has been proved in court.Calls to both Universal Studios Canada and parent company Universal Studios in the United States were not returned.Before the film's Canadian DVD release on April 22, Kent and his lawyer say they approached Universal Studios and its Canadian subsidiary with their concerns but received no response. Kent filed a statement of claim in federal court in Toronto on May 12, which was served to Universal Studios the following day.Despite a two-week extension, Universal Studios Canada has yet to file a statement of defense in the case and instead has indicated to Kent's Toronto lawyer, Mark Hayes, that it plans to file a motion that would prevent the Canadian case from being heard until after the U.S. suit is resolved.On Monday, Kent and his attorneys filed a motion for default or summary judgment in federal court in Toronto.Hayes said that because Universal has yet to file a notice of defense, a judge could issue a default judgment in favor of Kent. Barring that, Hayes said the court could issue a summary judgment provided a judge finds that no fact in the case requires a trial. Hayes said he hopes to have the case in front of a judge within a matter of weeks.Kent is demanding that Universal stop distributing the movie and eliminate anything associated with him in the film. He is also seeking unspecified damages.(Distributed by Scripps Howard News Service, www.scrippsnews.com.)