Fleetwood Mac ‘Rumours’ Producer Settles Copyright Lawsuit Over Broadway Hit ‘Stereophonic’
The creators of the hit Broadway play Stereophonic have reached a settlement to resolve a copyright lawsuit claiming they stole elements of the show from a memoir about the infamous recording of Fleetwood Mac’s Rumours.
The deal will resolve a case, filed last month by music producer Ken Caillat, that called playwright David Adjmi’s Tony Award-winning show an “unauthorized adaptation” and “willful infringement” of the 2012 book Making Rumours, a memoir detailing his work on the famed album.
In a court filing Tuesday, attorneys for both Caillat and Adjmi said that they had “resolved the dispute in principle as to all claims and defendants, and are working to commit their agreement to writing.” And in a brief order, the judge seemed pleased that the case would not be moving forward.
“I cannot say I am surprised by this news but it is the wisest resolution for all concerned,” Judge Colleen McMahon wrote. “Feel free to come in and (hopefully) memorialize the settlement [at a hearing later this month].”
Terms of the deal were not disclosed in court filings, and neither side immediately returned requests for comment.
Stereophonic debuted on Broadway last fall, eventually winning five Tony Awards including best play, best direction of a play and best featured actor in a play. Featuring the music of Arcade Fire’s Will Butler, it tells the story of a fictional rock band struggling to record an album in the mid-1970s.
Critics quickly noted the similarities to the difficult process behind Fleetwood Mac’s Rumours, which featured high tensions and heavy drug usage. A reviewer for the Wall Street Journal said the play was “fictionalizing Fleetwood Mac”; another critic said the play “isn’t literally about Fleetwood Mac, but c’mon.”
In their Oct. 2 lawsuit, Caillat and co-author Steven Stiefel said the hit play “presents a nearly identical story arc as Making Rumours,” told from the same perspective of a sound engineer in a recording studio, about five characters who are “undeniably analogous to the members of Fleetwood Mac.”
“Stereophonic is undoubtedly a play based on plaintiffs’ memoir Making Rumours because substantial similarities exist between the two works, a reality that has been independently confirmed by those familiar with plaintiffs’ book who have also had the opportunity to review the play,” the duo’s lawyers wrote at the time.
If the case had gone to trial, it would have presented tricky legal questions. Under U.S. law, historical events cannot be monopolized under copyrights, and nobody can claim exclusive ownership over the real story behind the making of Rumours. But specific creative elements of how such a story is told can be protected by copyrights, and film, TV and stage producers often license non-fiction books as the basis for their works.
Caillat and Stiefel claimed that Adjmi copied those exact kinds of creative choices when he created his play, saying show depicted not just a historical event but did so “as it is described in Making Rumours.”
Bill Donahue
Billboard