Warner Music Sued for Using Tom Petty Documentary Footage Without Permission

Warner Music Sued for Using Tom Petty Documentary Footage Without Permission

By Marcus Bennett

December 3, 2024 at 10:39 PM

Warner Music Group faces a copyright infringement lawsuit over unauthorized use of archival footage in their 2021 Tom Petty documentary about the album 'Wildflowers.'

Tom Petty performing on stage

Tom Petty performing on stage

Filmmaker Martyn Atkins, who served as Wildflowers' art director, claims that approximately half of the 90-minute documentary "Somewhere You Feel Free" uses his footage without permission. The footage, shot during the album's creation and subsequent tour, was stored in Warner Records' facilities but remained Atkins' property.

Key points of the lawsuit:

  • Atkins shot the 16mm footage in the 1990s, with no work-for-hire agreement in place
  • The footage was stored in Warner Records' facilities as a favor from Petty
  • In 2020, Atkins disclosed the footage's location to Petty's estate during discussions about a potential documentary
  • Atkins was initially promised involvement in the project as director and producer
  • The filmmaker was ultimately excluded from the production, and his footage was used without permission or compensation

Atkins maintained access rights to his materials throughout the storage period. In 2014, he even shared digitized versions with Petty himself, discussing potential documentary collaboration. After Petty's 2017 passing, Atkins met with the estate in 2020, expecting to direct the documentary project.

The lawsuit seeks:

  • Damages
  • Disgorgement
  • Restitution
  • Return of original film and audio materials

Band performing on Jimmy Kimmel.

Band performing on Jimmy Kimmel.

Spotify logo on yellow background

Spotify logo on yellow background

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