>Date: Wed, 19 Apr 2000 16:48:45 -0700
>From: Keith Alan Deutsch <
keithdeutsch@earthlink.net>
>Subject: Re: RARA-AVIS:Hammett and Kurosawa &
Analytic Methods:
>
> Read the Hammett article, and noticed that it
repeated as fact, a claim
I've
> seen at times in discussions here, namely that
Kurosawa got his idea
for
> Yojimbo
> from Red Harvest.
>
> I do see some similarities, but I sure see some big
differences too.
Who
> of the Kurosawa or Hammett biographers has made this
claim and what
basis
> did he
> or she give? I'd like something more substantial
than
similarities......
>
>
> Bill Hagen
>
> I'm not sure who, if any, of the Hammett biographers
made the claim.
> Kurosawa denied the Hammett connection, just as
Leone denied that
"Fistful
> of Dollars" was inspired by "Yojimbo." But the
films' plots speak for
> themselves. ........ To my mind, the similarities
are
> substantial enough to justify the claim.
> Dick Lochte
>
>Dear Dick and Bill,
> Date: Wed, 19 Apr 2000 17:27:24 -0700
>From: Keith Alan Deutsch <
keithdeutsch@earthlink.net>
>Subject: RARA-AVIS: Re:CORRECTION: Hammett/Kurosawa
& Analytic Methods
>Keith Alan Deutsch wrote:
>I must disagree with Dick's analytic paradigm that if
you see enough
similarities,
>and the timing makes influence or copying possible,
that it is ok to
conclude a
>direct influence was likely.
>There is a concept in intellectual property, roughly
stated, that if two
works of
>art are created with independent
inspiration--although shockingly
similar---there is
>no infringement, even if it was possible for the
alleged infringer to have
seen or
>heard the original work of art.
>This concept is very harder to win with because it is
so hard to prove "no
influence
>& independent creation." See George Harrison
defense attempt in
infringement suit
>over song "My Sweet Lord" (I think original song
title that won the
litigation was
>"He's So Fine.")
>Proving a direct influence is very difficult in
court, also. Documentary
evidence
>is really important i.e. Lucas admitting in public
how Kurosawa's Castle
of Blood
>was inspiration for first Star Wars film.
>Keith
Dear Bill and Keith,
I guess you guys are right. I just thought that the scene
where Toshiro Mifune wakes up with a sake hangover and finds
the dead geisha with his sword through her heart was a
tip-off.
Lochte
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