Tim Kring and Heroes Being Sued by Artists

March 21st, 2007

Here’s the thing about this story: I didn’t really want to write about it, because frankly, I don’t want to give weight to anything that hasn’t been proven yet. I know, I know, kind of a weird thing to say when I run a spoiler site that posts speculations by the dozens a day. But this isn’t a TV show, this is real life, and in real life, Tim Kring, NBC, and probably everyone associated with “Heroes” is being sued by a pair of artists who claims their ideas. In particular, much of the lawsuit is centered on the Isaac Mendez character. Read on…

This is from E! News:

A husband-and-wife team of artists have sued NBC Universal and the creators of Heroes for allegedly pilfering the artist-who-paints-the-future plotline from a short story they wrote several years ago, an idea they also exhibited in a painting series and in a short film.

In their lawsuit, filed Friday in U.S. District Court, New Yorkers Clifton Mallery and spouse Amnau Karam Eele have accused two people who identified themselves as writers from the NBC procedural Crossing Jordan of taking copies of the couple’s work from a 2005 exhibition at NYC’s Hunter College.

On Heroes, recovering heroin addict Isaac Mendez (Santiago Cabrera) has discovered that he has the ability to slip into a trance and paint scenes from events that haven’t happened yet�a shadowy menace stalking the cheerleader, two lovers sharing a kiss, a nuclear bomb/superhuman-who-can’t-control-his-radiation obliterating Manhattan, etc.

According to Mallery and Karam Eele, Isaac on NBC’s hit drama is “strikingly similar” to the character they created in their story and artwork�an artist who paints the future, including the destruction of two prominent New York buildings.

You can read more about the case here.

So what do you think? Do the artists have a point?

My opinion is that, if you tried to sue everyone who you think “stole” your idea for a superhero character, everyone who is writing comic books today would be sued, because frankly, there are no more original superhero characters, only variations of one. The Punisher, Batman, Superman, etc. They get dressed up in different tights, gets their named changed, and voila — you got yourself a new superhero character.

But that’s my 2 cents. What’s yours?

Crew: Tim Kring (Producer/Creator) . Heroes TV Show News

Andyman

Frankly, my friend, I think this is complete B.S. How can you, for the sake of comic book time/life-line, even consider that a character who can "slip into a trance, and paint the future" is even remotely original. I mean, come ON! Comic books and comic book "Heroes" are all created within the same vien: Fictionality. NOT Real. How can you sue that?

Andyman

Might as well say that invincibilty was ONLY thought of for Superman.

Mathsorcerer

Leah and I were discussing this one on a thread in the forum. Her conclusion is that the case should be heard because everyone deserves a day in court. I concur.

The point I propose is that their case is without merit. I cite other examples of psychics using drawn pictures as a method of foretelling the future or clairvoyance, that eclipses have always been signs of great events, and that destruction of particular buildings in NYC is common in literature and movies. Thus there are no original ideas they could claim as their own.

JOANN VARA

I SAW THE NYC ARTISTS THAT ARE SUING NBC AT HUNTER COLLEGE ON APRIL 22,2005 AND FROM WHAT I SAW AT HUNTER COLLEGE THESE TWO ARTISTS HAVE A SOLID CASE AGAINST NBC.
THE TWINS AS THEY ARE KNOWN TOLD THE AUDIENCE HOW THEY LEFT TEXAS HEADED TO NYC WITH A PAINTING CALLED THE ATTA PAGE TO STOP 9-11-01 BEFORE IT HAPPENS. ( DOESN'T THIS SOUND LIKE THE ISAAC MENDEZ AND HIRO STOP THE NUCLEAR BLAST STORYLINE ? ).

THE TWINS ALSO SCREENED THEIR 15 MINUTE SHORT FILM CALLED
" THE LETTER " AND THIS IS WHAT I SAW AND HEARD:
THE ATTA PAGE IS BASED ON THE FACT THAT THERE ARE 9 LETTERS IN THE WORD MANHATTAN AND 11 LETTERS IN THE NAME MOHAMED ATTA. THE NAME ATTA IS ALSO IN THE WORD manhATTAn.

THE TWINS SPOKE ABOUT HOW THEY HAD SENT THEIR 9-11-01 DIVINATION AND ATTA PAGE TO JANE ROSENTHAL AT TRIBECA FILMS OWNED BY ROBERT DENIRO. JANE ROSENTHAL PUT THE ATTA PAGE AND THE TWINS DIVINATION FOR 9-11-01 IN DEVELOPMENT. A FEW WEEKS LATER ON MARCH 26,2001 JANE ROSENTHAL SENT A LETTER TO THE TWINS STATING THAT THE TWINS 9-11-01 INFO AND THE ATTA PAGE WOULD NOT FIT INTO TRIBECA FILMS DEVELOPMENT PLANS.
SIX MONTH LATER ATTA CRASHED A STOLEN AIRPLANE IN THE TWIN TOWERS ON 9-11-01.

THE TWINS HELD ON TO ROSENTHAL'S LETTER, WITH THIS LETTER THE TWINS MADE A 15 MINUTE SHORT FILM THAT DETAILED THE TWINS EXPERIENCE WITH GIVING TRIBECA FILMS 9-11-01 INFORMATION BEFORE 9-11-01.

" THE LETTER " EVEN SHOWS HOW THE TWINS USE NEWSPAPER CLIPPINGS TO VALIDATE THEIR DIVINATION ART. ( ISAAC MENDEZ DID THE SAME THING WITH HIS FAKE BUS PAINTING IN EPISODE ONE ).
I CAN'T WAIT FOR THE HEROES FANS TO SEE THE TWINS BUS DIVINATION, WHICH THE TWINS SHOWED AT HUNTER COLLEGE ALONG WITH A NEWSPAPER CLIPPING. THIS ART PIECE WILL CLEARLY SHOW WHERE TIM KRING USED THE TWINS WORK.

TO READ MORE ABOUT THE TWINS 9-11-01 STORY GOOGLE ENJAI EELE OR AMNAU EELE. THE NYDAILYNEWS RAN A STORY CALLED
" FUTURE TRIBECA STARS "WRITTEN BY VANITY FAIR MAGAZINE WRITER LLOYD GROVE AUGUST 5,2004. THE SAME STORY ALSO RAN IN THE JEWISH FORWARD NEWSPAPER AUGUST 6, 2004 CALLED
" WEIRD PREMONITION ". TIM KRING CLAIMS THAT HE CAME UP WITH THE IDEA OF HEROES AND THE ARTIST THAT CAN PAINT THE FUTURE IN OCT-NOV 2005 IN SEVERAL INTERVIEWS THAT CAN BE GOOGLE.
TIM ALSO CLAIMS THAT AS A HOLLYWOOD WRITER WITH TWO KIDS THAT HE DID NOT KNOW WHO MAGNETO WAS OF X-MEN.

THE TWINS SPOKE ABOUT HOW THEY DON'T SELL THEIR WORK, THEY USE IT ONLY TO EDUCATE AND INFORM CHILDREN AND YOUNG PEOPLE, THAT'S WHY THEY WERE AT HUNTER COLLEGE FREE OF CHARGE. I PAID NOTHING AND THEIR ART AND FILM WAS THE MOST PROFOUND I'VE SEEN, AND I WORK IN THE FILM & TV INDUSTRY. PLEASE FEEL FREE TO GOOGLE MY NAME.

QUESTION: NAME THE ACTOR IN THE LAST 1-60 YEARS THAT HAS PLAYED AN ARTIST THAT CAN PAINT THE FUTURE ? THERE IS NONE.
NOW, NAME AN ARTIST IN THE NYC ART WORLD , THE AMERICAN ART MARKET AND THE WORLD ART MARKET THAT CAN PAINT THE FUTURE BEFORE IT HAPPENS AND HAS THE DOCUMENTATION TO BACK UP THEIR CLAIMS? NAME ONE ARTIST THAT HAS DID ANYTHING LIKE
"THE ATTA PAGE " ? THERE IS NONE. ( PICK UP THE NYC YELLOW PAGES AND CALL EVERY NYC GALLERY ).

THE TWINS 9-11-01 STORY AND ART IS NOW PART OF THE NY HISTORICAL SOCIETY ARCHIVES LISTED UNDER CITY LORE CURATED BY SALLY HERSHIP IN 2002. WE SAW ALL THIS INFO AT THE HUNTER COLLEGE PRESENTATION.
BEFORE MAKING A JUDGEMENT CALL FIND OUT WHO THE TWINS ARE, SEE THEIR ART , FILM AND DOCUMENTATION.

DID ANYONE ON THIS SITE SEE ATTA'S NAME IN manhATTAn ? I DIDN'T UNTIL I WENT TO HUNTER COLLEGE. THE TWINS TOLD US THAT'S WHY ATTA WAS SENT, HIS NAME IS IN THE CITY'S NAME AND WHENEVER WE LOOK AT THE WORD manhATTAn WE WILL ALWAYS REMEMBER THE NAME ATTA AND WHAT HE DID ON 9-11-01. THIS IS CALLED MEMORY, A LARGE PART OF THE TYPE OF DIVINATION ART THE TWINS DO . THROUGH OUT THE SHOW THEY CALLED THEIR PAINTINGS
" MEMORY BOARDS ".

I DON'T THINK TIM KRING CAN PRODUCE ART AND A STORYLINE LIKE THE TWINS ABILITIES. THE OTHER HEROES ON THE SHOW HAVE COMMON LITERARY STOCK SUPERPOWERS THAT CAN BE FOUND ANYWHERE, BUT ISAAC MENDEZ'S SUPERPOWERS ARE NOT COMMON IN THIS GENRE OR THE COMIC BOOK WORLD. ASK STAN LEE OR TIM SALES.
I APOLOGIZE FOR THE LENGTH OF THIS POST BUT I FEEL EVERYONE HAS THE RIGHT TO BE INFORMED WITH FACTS NOT FICTION. THIS LAWSUIT IS GOING TO BLOW THE WORLD'S MIND.

KMorph

I completely believe this story because this is America all we(they) do is steal from people and take credit.(Slaves-Easy labour,Indians-Land,and the Middle Eastern-oil etc.....) If you really think about what determines if you gain a lot of money and popularity its always somthing opposite of unselfishness. This will probaly happen again and again. One thing I do know things that cant be explain do exist and happen. If you feel like you don't belive in downplayed truths than I wanna see your thoughts in pyhsicall form oh yeah you cant see them but you all still belive you have them idiots. Anyways yes he stole the storyline of course he did this is why you should keep your plans of any type under raps because some people could care less hmmmmm.....Politicians,serial killers,Golddiggers,Hit-man,so many many more. What makes a person strong is the ability to do what you really want to do in life Good or Bad.

Occam

And if you fold a dolar bill in a certain way, you can see a drawing of the twin towers, burning.
There's such a thing as coincidence.
There's such a thing as reading too much into something.
And then there's such a thing as scamming.
Oh, and by the way, writing LIKE THIS is a certain sign of... Issues.
With a capital I.
But, then again, so is believing that *real people* in the *real world* can predict specific future events.
That claim alone should invalidate their case, legally and morally, and probably put them on court... but on the other side.

Andyman

Very interresting stuff, Joanna. But premonitious artwork/freehand has been in several sci-fi and fantasy books. As well as D&D shortstories, B rated movies, and STEPHEN KING NOVELS. I agree that there are some striking similarities between the two stories, but that idea is hardly original.

Mathsorcerer

The only thing that blows my mind is the all-capitalization type being used there. There is no need to shout, you know.

By the way...you've been reading or watching too much conspiracy theory literature. You might want to try a different pastime for a while.

If they really did predict a terrorist attack, then why didn't they buy a ticket on one of the planes and stop the terrorists themselves? Is it so they could say that they were right? *roll eyes*

CM

I find this sort of ridiculous. There are such things as coincidences in the world, especially with a population of about 6.5 billion people. This sounds like suing because of coincidence, not fact. And, I have heard other "similarities" between the Twins stuff and Heroes, but all of the things they mentioned are common in all types of mythology, and since this show is rooted in mythology, it is highly logical that they could have just run across the same (very awesome) elements, and both included them in the products. (worst run-on sentence ever, but whatever...)

EC

I agree with Joann Vara, can humanity be so arrogant and limited, as to think that the only reality is the one they can percieve as individuals?

Not everyone is made equal, and precognition is one of the mental abilities that have been proven by university tests as "legitimate, and possible".

Nina Kulagina who passed away decades ago, demonstrated her abilities on film, and in "the court of law", she moved chairs accross the courtroom with just her mind.

Paranormal investigators and psychic detectives who have solved cases with no apparent leads is another proof.

I'm a tv personality and psychic investigator myself, and solved dozens of crimes with the police at a dead end, but I shun those ritualistic charlatans who think their abilities come from a higher being, it's all in the Darwinian theory...evolution, this is science.

The main reason why people don't believe in the existence of such abilities?

"It's because most can't do it themselves, therefore, cannot prove it exists"

Don't ridicule others who have such skills, just because most of you can't do it, don't ridicule Albert Einstein for being a genius theorist, just because most people can't understand his work. wormholes, spacial folding, the relationship of velocity, time, and mass? This is a very good analogy to ponder on.

EC

Here's more research and possibly, proof of such abilites in real life:

Stanislawa Tomczyk.

Born in Poland, Tomczyk came to the attention of investigators when it was reported that startling poltergeist-like activity occurred spontaneously around her. She could control some telekinetic feats, but only under hypnosis. In this hypnotic state, Tomczyk took on a personality that called itself "Little Stasia" who could levitate small objects when Tomczyk placed her hands on either side of them. In the early 1900s, one investigator, Julien Ochorowicz, watched these levitations at very close range and observed something like fine threads emanating from her palms and fingers, although they were examined carefully before the experiment. And it didn't seem to be a trick. "When the medium separates her hands," Ochorowicz observed, "the thread gets thinner and disappears; it gives the same sensation as a spider's web. If it is cut with scissors, its continuity is immediately restored." In 1910, Tomczyk was tested by a group of scientists at the Physical Laboratory in Warsaw where she produced remarkable physical phenomena under strict test conditions.

EC

This is similar to the predicament of the "evolved" heroes in the series.

This is an analogy folks, so don't presume I watch too much tv.

The Heroes/Villains = minority
Normal people = majority

Would anyone belive the heroes can do what they can, such as fly, read minds, pass through objects, etc? Of course not, but in the series, they can, but they are ridiculed and thought of as mentally disturbed because "it is not normal".

Happening in real life as well, but with other skills and abilities, not necessarily flight or spontaneous regeneration, but the more prevalent, such as psychism (and its many forms of disciplines, not all psychics are about knowing the future and reading minds, that's an ignorant presumption), autistic geniuses, clairvoyant artists...

oh, btw, someone may rant, Albert Einstein invented nuclear science, uhuh, he invented it for the sake of inventing it, it's the "limited perspective and intellect" of political and military strategists who cause the slaughter of Hiroshima.

Those limited minds...all over the place, oh my.

Occam

EC, if you are a real psychic, James Randi has a million $ just waiting for you... if you can prove it, of course.
Go on, look him up, I'm not kidding.
For some reason, though, I don't think you will...

Pip

Hmmm, what a load of complete bollocks. If every single person who say they had a premonition about the twin towers had actually been there instead of the people who were, it may not have been such a bad thing...... Twisted little wankers getting fame from others hurt. These "twins" sound no different to the other thousand or so who have come out of the woodwork claiming divine knowledge (after the fact of course).

Anyway if they are so pure and perfect (no no we don't "do" art for money!) then why are they trying to sue a TV program? Does it hurt them? Are they angry at not getting a cut? What?

JOANN VARA

THANK YOU EC FOR THE INTERESTING COMMENTS.

WHAT I NOTICED AT THE TWINS HUNTER COLLEGE SHOW WAS THAT THE TWINS WERE MORE INTERESTED IN USING ART TO SAVE LIVES
AND EXPLORING THE POSIBILITY OF DIVINATION ART BEING DEVELOPED AS ART TECHNOLOGY TO ADVANCE,HELP AND PROVIDE JOBS FOR SOCIETY.

TIM KRING TOOK THE TWINS ARTWORK WITHOUT THE TWINS PERMISSION AND PUT HIS NAME ON THEIR WORK AS HIS OWN AND HE CREATED A FALSE SHOW THAT PROVIDED WORK FOR HIS FRIENDS. NOT YOUNG PEOPLE IN COLLEGE.

HE THEN CHANGED "THE ARTIST THAT CAN PAINT THE FUTURE "RACE AND GAVE HIM A DRUG PROBLEM. ( TV IS FILLED WITH NEGATIVE IMAGES OF BLACKS AND HISPANICS HOOKED ON DRUGS. WHAT'S NEW AND PIONEERING ABOUT THIS STORYLINE ? )

IN ONE EPISODE THE HISPANIC ARTIST WANTED THE DRUGS SO BAD HE WAS WILLING TO CUT THE HAND OFF THAT HE USES TO PAINT THE FUTURE WITH.

NOW, ONLY IF YOU'RE TWISTED WOULD YOU NOT UNDERSTAND WHY THESE ARTISTS WOULD WANT TO SUE NBC.
CAN I WALK INTO YOUR HOME AND TAKE WHAT I WANT ? MAKE A MOVIE ABOUT IT AND PRETEND YOUR PROPERTY IS MINE ?

READ PIP'S COMMENTS, NOW THINK ABOUT IF PIP HAD TIM KRING'S POSITION AT NBC.
PIP'S STORY ABOUT AN "ARTIST THAT COULD PAINT THE FUTURE" WOULD BE THE SAME AS TIM KRING'S.
WHY ? BECAUSE PEOPLE LIKE PIP AND TIM KRING OPERATE FROM A PLACE OF ENVY. HATE AND IGNORANCE. THAT'S WHY TIM CUT THE HISPANIC ARTIST HAND OFF ON HEROES BECAUSE TIM CAN'T DEAL WITH BLACK AND HISPANIC PEOPLE HAVING SPECIAL GIFTS OR POWER. AND IF HISPANICS AND BLACKS HAVE SPECIAL POWERS IS ONLY BECAUSE THEY'RE ALL ON DRUGS. THIS IS RACIST.

I NEVER GOT THE IMPRESSION THAT THE TWINS WERE HOLY,PURE OR PERFECT. I JUST SAW TWO REGULAR PEOPLE THAT GO TO WORK EVERYDAY JUST LIKE EVERYBODY ELSE IN NYC. THEY ARE A COOL MIX OF OLD AND NEW SCHOOL.

KMorph

I completely agree. Tv can manipulate people without you even knowing. EX. At one point I knew the characters of my favorite T.v. shows more than about what was going around the world.
I even remember that I thought that if your black(minority) you eventually will be apart of crime. Guess what I'm black and I realize the real criminals use minorities as thier pawns(get away scott free)! You know whats funny people are scared to admit it or either just doesn't care. I know it probably will not open certain people eyes until it hits too close to home.

Sam

JOANN VARA, for God's sake, push your "Caps Lock" key and stop typing in all capital letters. It's hard to take someone seriously when they can't be bothered to type like an adult.

Mathsorcerer

Please, Sam--can you simply delete Joann's comments? Quote: "Tim can't deal with black and Hispanic people having special gifts or power. And if Hispanics and blacks have special powers is only because they're all on drugs. This is racist."

erm....D. L. isn't on drugs and has an ability; her statement is false and the main point of her argument thus collapses. Besides, she claims that Isaac cut off his own hand, which is obviously false as he still has them both.

I urge you to delete her comments for the sake of the site and the forum. Either she is one of these artists or is a personal friend of them and is trying to sway public opinion. I'm sure the judge in the case would just love that......

Sam

I've deleted two of her comments, one where she called a couple of people who disagreed with her names, and the other where she responded to my advice about not using cap letters with very childish behavior. Otherwise, I'll leave the rest of her comments, because she's only expressing her opinions there, and I think she's entitled to them, as are we.

Mathsorcerer

Ah so. Well, then...enough of that topic. Move along, please--nothing to see here.

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