A lawsuit attempting to block the release of horror comedy “The Blackening” has been rejected by a California judge. Zahara Ariel and Jaryah Bobo claimed that the film infringed on their copyrights for a screenplay called “Southern Education” and a card game named “Black Card Revoked.” However, Judge Dale S. Fischer of the Central District of California, stated that the plaintiffs “have not demonstrated any substantial likelihood of success on the merits.”
Plaintiffs’ Claims Lack Detail
Fischer also said that the plaintiffs presented little detail regarding either the game or the screenplay, so there is no reason to believe that the expression of ideas in either has been copied in the making of the film. Fischer acknowledged that the film does have a horror-comedy element where the testing of “Blackness” is done by a killer who chooses victims based on their ability to answer the questions, as does the Southern Education script. But, she ruled, “that aspect of the ‘Blackness’ questioning was present in a comedy sketch created by some of the Defendants prior to the creation of Southern Education.”
The Film’s Plot
“The Blackening,” which premiered at Toronto last year, centres on a Juneteenth getaway where a group of old friends reunites in a cabin in the woods. After the lights go out, the friends stumble across The Blackening, a creepy-looking board game. Things turn ugly when the voice of a twisted killer on a TV reveals that one of their entourage is tied up, and if they refuse to play the game, she’ll die. Grace Byers, Jermaine Fowler, Melvin Gregg, X Mayo, Dewayne Perkins, Antoinette Robertson, Sinqua Walls, star with Jay Pharoah, and Yvonne Orji in the pic.
Box Office Expectations
The film, which opens today via Lionsgate, is based on a Comedy Central short. Lionsgate acquired domestic rights to the MRC-financed film for about $5m in the weeks after its TIFF bow. The film is eyeing a $6m-$8m opening weekend after making about $900,000 in Thursday previews.
Legal Representation
Lionsgate Entertainment Corp. is represented by Kendall Brill & Kelly. MRC II Distribution, Hot Sauce, and Oaktree Entertainment are represented by Kinsella Weitzman Iser Kump Holley.