LUCAS LAWSUIT


Ever since the Star Wars Trilogy was released little boys (and girls) have wanted to be 
Stormtroopers. What in the world could be more cool than actually getting to be a 
Stormtrooper? The desire to be a Stormtrooper even made its way onto the NBC sitcom 
Friends.  In the episode in question Monica’s rich boyfriend has two suit of Stormtrooper 
armor, which Joey and Chandler immediately request to try on. Naturally when I first 
found out that I too could be a Stormtrooper I jumped at the chance. It was like a dream 
come true. But lately George Lucas has been suing prop makers and other people who are 
making these suits of armor. It raises some very interesting questions in copyright law.

As a practicing attorney in New York State I wanted to put in my two cents about this 
situation. First off I will say that I am a criminal lawyer and not a copyright attorney, but 
I did take it in law school so I know a little bit about copyright law. First and foremost, as 
much as I hate to admit it selling these props would be a violation BUT why should 
George Lucas make such a big stink about it? Bill Waterson who created Calvin and 
Hobbes does not license his characters for use on ANYTHING. Now think of how many 
illegal uses you have seen on car stickers, tee shirts and the like. I know this doesn’t 
make it right but it points out the fact that innocent violations of copyright will happen 
with any popular subject. Or if you want to be legal all you have to do is change the 
concept in some way…can you honestly tell me that the Power Ranger and the 
BettleBorgs are REALLY different but they don’t infringe on each other.

I think fans have a right to collect the object of their desire whenever and wherever they 
find it. So is it illegal to own Stormtrooper armor…HELL NO! Under copyright law 
there is a thing called a fair use exception. It allows a person to use copyrighted material 
for certain purposes. The main thing is that you aren’t making a profit. As long as your 
armor or props are for your own enjoyment and you are not getting paid for your 
appearances you are fine. The fair use exception is the reason why no one cares if you 
tape songs off the radio for personal use. Ever wonder why no one cares if you do that 
but if you go on Napster you are a thief? Is it morally wrong to own Stormtrooper 
Armor…HELL NO! George Lucas has no say what I do with my time or property as long 
as I don’t sell things he has created.  There is nothing stopping me from writing stories 
about Star Wars, I can even post them on the net for free I just can’t sell them. 
Unfortunately, most of us have to get our props from somewhere but I really don’t see 
what George Lucas is trying to accomplish. The prop makers will just go underground 
and keep doing what they have been doing. Perhaps the biggest mistake made by prop 
dealers was being so vocal about their products and advertising vigorously on the Internet 
and message groups. 

I just think that George Lucas needs to take a chill pill and remember that he may end up 
isolating the very fans that he hopes will attend his next movie premiere. Beware the 
Dark Side George Lucas because we Stormtroopers are here to stay!