A COPYRIGHT lawsuit claiming Guillermo del Toro’s Oscar winner “The Shape of Water” stole from the work of Pulitzer Prize-winning author Paul Zindel has been dismissed. Both “Shape of Water” and Zindel’s play “Let Me Hear You Whisper” involve plots centered on a creature imprisoned in a science research facility. The lawsuit was originally filed by Zindel’s family in February 2018 just ahead of the Oscar voting deadline. “The Shape of Water” contended for 13 Academy Awards, winning Best Picture and Best Director, among other prizes.

A spokesperson for Searchlight Pictures said in a statement: “David Zindel, the son of Paul Zindel, author of ‘Let Me Hear You Whisper,’ acknowledges, based on confidential information obtained during the litigation process, that his claims of plagiarism are unfounded. He acknowledges Guillermo del Toro as the true creator of ‘The Shape of Water.’ Any similarity between the two works is coincidental.”

The lawsuit was originally rejected by U.S. District Court Judge Percy Anderson, who ruled “the basic premise of an employee at a scientific facility deciding to free a creature that is subjected to scientific experiments” is “too general to be protected.” The copyright claim was revived in June 2020 when the 9th Circuit Court of Appeals decided that “additional evidence, including expert testimony, would aid in the objective literary analysis needed to determine” the similarities between “The Shape of Water” and “Let Me Hear You Whisper.” According to The Hollywood Reporter, the prosecution and defense teams were scheduled “to present expert reports and witness designations” this week ahead of a July trial date. Now the case has been dropped entirely.

The Zindel family lawsuit was hardly the only plagiarism claim made against “The Shape of Water.” French director Jean-Pierre Jeunet came forward in February 2018 to accuse del Toro of copying the dance scene from his movie “Delicatessen.”

(SD-Agencies)