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The “Touch” Lawsuit-Interview with Screenwriter Everett Hallford

The “Touch” Lawsuit-Interview with Screenwriter Everett Hallford

Cash Flow with James Martinez
World’s Biggest TV Show “In Touch” delivered by FOX sued in world biggest copyright lawsuit in television history. 

 Related: Lawsuit Claims FOX writer stole plot of “Touch”

OffPlanet Live- 02-22-2012-Holographic with Everett Hallford

Everett Hallford, a personal friend, and an author and screenwriter, interviewed by James Martinez on Cash Flow—the blockbuster copyright lawsuit that details Hollywoood’s corruption in the wholesale stealing of creative works. Remember SOPA? Recall how THEY want to throttle the public’s access to content on the internet? Remember how they SUED moms and little kids for “piracy”…and how they want to shut down The Pirate Bay…rather than innovate and provide novel NEW ways to distribute true creativity, the Hollywood cabal continues to pummel the “everyman”. Remember that when you hear this story. This is the game: high roller writers and producers sign global marketing deals on the backs of screenwriters who are lured into sharing their work—even their lives!

Download Cash Flow – 03-20-2012-Everett Hallford


Exclusive Interview by Screenwriter Everett Hallford tells his story.

“The Medium is the Message.” Marshall McLuhan Marshall McLuhan theorized that the medium is the message, that society is shaped by the way in which we communicate rather than what we are communicating. The Internet, the emerging online community, have given the world unprecedented access to information via light speed online. Today are we confirming McLuhan’s hypothesis? Unfortunately, the information environment has launched a civil war within copyright law. Congress has periodically, but consistently modified copyright laws to respond to the introduction of new technologies affecting copyright. Although Congress passed the Copyright Act of 1976 to cope with emerging technology, no one anticipated the explosion of digital technology which has marked the digital age. 

IN a Worldwide First, the new 20th Century Fox Drama “Touch” will launch in more than 100 countries worldwide with global marketing support and a Global advertising sponsor. Touch, the intriguing new drama series from Tim Kring (Heroes) and starring Kiefer Sutherland in his first television project since the Emmy-winning 24, will receive an unprecedented global launch for its March series premiere that includes coordinated worldwide distribution, marketing and advertising sponsorship. In a television first, Twentieth Century Fox Television Distribution, Fox Broadcasting Company, FOX One, 20th Century Fox Television and FOX International Channels are collaborating on a worldwide launch for the series, which will premiere nearly simultaneously in more than 100 countries. To kick off the series’ global marketing efforts, Sutherland will embark on an international media tour, stopping in several major cities across Europe and culminating in a global media event in New York City on March 18 – a date that figures prominently in Touch’s pilot episode. In another industry first, Unilever has come on board as the series’ global advertising sponsor in a one-of-a-kind partnership designed to bring Touch to a worldwide audience.
Twentieth Century Fox Television Distribution has secured deals in over 160 markets with some of the world’s leading broadcasters and pan-regional platforms. The global launch will make the much-anticipated drama available on channels all around the world, including Global Television in Canada, Sky 1 in the United Kingdom, ProSieben in Germany, Yes TV in Israel and Channel One in Russia. FOX International Channels will launch the series in 64 countries throughout Latin America, Asia and Europe.
Now, for the first time we will discuss the truth about the origins of this series as well as the media ecological ramifications of copyright, law and justice in world where theft of property in Hollywood occurs everyday. Under digital circumstances can ownership of property exist? Does the average writer, artist and musician have a claim in there original works and will justice prevail?




1 Comment

  1. — On Wed, 9/7/11, Ted Shiells <TedShiells@carrip.com> wrote:

    From: Ted Shiells <TedShiells@carrip.com>
    To: "Jeremy Kaufman" <Jeremy.Kaufman@fox.com>
    Cc: "Susan Gans" <Susan.Gans@fox.com>
    Date: Wednesday, September 7, 2011, 4:42 PM

    Dear Mr. Kaufman

    Thank you for your telephone call and your follow up email of August 18, 2011 on this matter. I appreciate that Fox is taking this matter seriously, and we acknowledge Fox’s professionalism in doing so.

    In answer to your inquiry, the copyrighted works that are of concern regarding the upcoming “Touch” series, written by Tim Kring, are the same copyrighted works that were at issue in the NBCU case involving the first season of “Heroes,” which was also written by Tim Kring. These works are “The Twins: Journey of the Soul,” “The Letter” and/or “Envious of America.” In addition, we note that the copyright owners, Enjai Eele (aka Clifton Mallery) and Amnau Eele (well-known professionally as “The Twins,” and will be referred to as such herein) are also well-known, living persons with both rights of privacy and publicity. Mr. Eele is well-known as the “artist that paints the future” and used that supernatural ability to predict and attempt to stop the catastrophic events of September 11 th, 2001 through his paintings and Ms. Eele is a professional model, formerly a runway and print model for Yves Saint Laurent and many other international designers, who is also well-known for her divinations and predictions. Indeed, many of the story elements and characters in The Twins’ copyrighted works are based upon themselves.

    Based upon Fox’s promotional material regarding the upcoming “Touch” series, there are clearly many substantial similarities between the planned storyline and characters in “Touch” as compared to the storyline and characters in both the copyrighted works and the lives of The Twins themselves. I will not make an attempt to list all similarities at this time. However, I note initially that, as summarized on the Fox.com website, the storyline of “Touch” is a “preternatural drama in which science and spirituality intersect with the hopeful premise that we are all interconnected, tied in invisible ways to those whose lives we are destined to alter and impact.” The synopsis also states: “Through masterful storytelling, the series follows a group of seemingly unrelated characters . . . who affect each other in ways seen and unseen."

    This description of the storyline of “Touch” is highly similar to “The Twins: Journey of the Soul,” “The Letter” and/or “Envious of America,” which is also a preternatural drama in which science and spirituality intersect to show interconnections among people and events, and is also full of seen and unseen elements. The Journey of the Soul story following the experiences of the characters “Idai” and “Hadah” from their childhood, through their emergence as The Twins, to September 11 th, 2001 in New York City, through their efforts to stop the catastrophic event with “Idai’s” and “Hadah’s” paintings.

    The central character of “Touch,” “Jake,” is described as being a "mute, severely autistic 10 yr old and can communicate with numbers showing how people are interconnected" and who has the “ability to see things that no one else can, the patterns that connect everything, their meaning and connect these numbers.” As described on another website, seriable.com (March 7, 2011), “Jake” is described as being “obsessed with numbers” and “making . . . weird predictions that come true;” that he can “spot and decipher things in nature that very few people are able to notice; enabling him to see that life is made up of ratios and patterns, a quantum entanglement of cause and effect,” an ability that allows him to “predict future events.” These descriptions of the character “Jake” are highly similar to the characters “Idai” and “Hadah,” who also use their ability to see, paint and write the future to attempt to help others, including by using numbers and symbols for prediction. For example, page 8 of “Journey of the Souls” includes the following passage referring to Idai’s obsession with use of numbers: “Idai [Idai’s grandmother speaking] it is time for you to put your shoes on! Come we have much work to do and so little time. Grand mama walked over to the corner of the parlor, behind a secret wall hidden to the eyes. She reached in and pulled out a long black onyx box and she sat it on the table. She opened the box and inside were a pair of old shoes polished and buffed to a weather beaten look. The shoes were black, shaped like coffins. And there were small numbers written in chalk all over the shoes." (Emphasis added.)

    I also note that the logo of the “Touch” series is an orange background with white thin lettering. The "O" is the center which looks like the sun with rays trailing across the graphic. This looks like The Twins work but instead of the eclipse, Mr. Kring has put the sun there. The logo includes a little white child's hand reaching up to touch it. Similarly, the Twins’ “Journey of the Soul” work begins with a young male child with special abilities.

    The storyline of “Touch” and the character of “Jake” are also highly similar to the personal and professional lives of Mr. Eele and Ms. Eele, which inspired much of the storyline of those works and of the characters “Idai” and “Hadah.” For example, Mr. Eele is a real life artist that can paint the future, who also had this ability as a young boy. Mr. Eele also places great importance on numbers for forming interconnections and predictions. For example, please see the attached photograph of one of Mr. Eele’s predictive paintings, and his handwritten observation in 2001 that “"THERE ARE 9 LETTERS IN THE WORD MANHATTAN AND 11 LETTERS IN THE NAME MOHAMED ATTA."

    Mr. Eele is well-known and documented as the “artist that paints the future.” Mr. Eele used that "supernatural ability" to predict and attempt to stop the catastrophic events of September 11th, 2001 through his paintings. This is only one of many events that Mr. Eele has predicted years before it happened.

    Mr. Eele has an extensive body of artwork that has been fully documented and published containing many predictions that have come to pass.

    Mr. Eele's divination art for September 11, 2001, is part of the archives of "The NY Historical Society," curated by Ms. Sally Herships. Mr. Eele’s Luba tribe's art as a tribal collective is part of the permanent collection of the New York City The Metropolitan Museum.

    Mr. Eele’s divination art and vigil for September 11, 2001 has been featured in “ArtNews” magazine and his divination art titled "EKG: The Path To 69 Feet" (© 2002) for the storms Katrina, Rita, Irene and the New York City earthquake, among many others, was published and written about in "The Hunter College Envoy" newspaper. Mr. Eele divination art was also published by NYSCA head Danny Simmons in "One World" magazine owned and published by Def Jam Record owner Russell Simmons in an article entitled: "TWIN HOPE," written by Quashelle Curtis.

    Mr. Eele's divination painting for September 11, 2001 titled: "The Atta Page" (© 2001) was also featured in "The NY Beacon" newspaper and Mr. Eele's divination art for September 11, 2001 has been exhibited in museums worldwide in the historical "Here's New York: September 11, 2001" exhibition which was displayed at the Smithsonian Museum in Washington, D.C. Mr. Eele is also a former mechanical engineer from the early 70's and early 80's where he worked in the Texas and OPEC oil fields, and in the mid-80's to early 90
    9;s Mr. Eele was also a aerospace engineer in weapons concepts for military applications in the California aerospace industry.

    During the running of the “Heroes” series, Mr. Eele was damaged in his profession by frequently having to explain to children that, unlike the corresponding “artist that paints the future” character in “Heroes,” that he was not a drug addict. With “Touch” running, Mr. Eele will likely have to further explain that he is not autistic.

    Ms. Eele is a pioneering couture fashion model who has walked the runway for iconic designers such as Givenchy, Yves St. Laurent ,Valentino and Armani to name a few. She was discovered by Bill Blass at the age of 17 and she has graced the editorial pages of French Vogue where Ms. Eele was photographed by the legendary photographer Guy Bourdin. Ms. Eele was also a actress (season one, episode one) on the CBS soap opera "The Bold and The Beautiful." Ms. Eele has worked in every aspect of the fashion business, the Couture, Pret et Porter, covers of magazines, print, editorial, commercials, infomercials, catalogs and showroom on 7th Avenue . Ms. Eele's career in fashion and television spans over 25 years. For your information, a “Vogue” magazine photo of Ms. Eele is attached. Ms. Eele retired from fashion in 1996.

    Ms. Eele is also well-known and documented for her Luba divination boards that predict future events before they happen, which uses a mixed media approach. She is one of the co-founders along with Enjai Eele of Black Artists Association in NYC, an organization dedicated to fighting for the rights of all artists no matter their color, gender or sexuality. Black Artists Association is dedicated to helping adults, young students and disadvantaged youth to realize their dreams and be informed about every aspect of the art industry. Black Artists Association was featured on The NY Post's "Page-Six" by Richard Johnson in an article titled: "Black-Lash Against Nudie Art." Black Artists Association was also credited by "AM NEW YORK " newspaper with getting First Lady Michelle Obama to wear a dress by a black designer for the first time in White House history, which made Ms. Eele one of the top trending people in 2008.

    Of course, it is not disputable that Tim Kring had and has access to the works at issue and was and is very well aware of The Twins themselves when he wrote “Touch.”

    In view of the professionalism shown by Fox in addressing these issues early on, we expect that Fox will do the right thing. To this end, we trust that Fox will either work with The Twins to obtain appropriate licenses to use The Twins’ copyrighted works and rights of privacy and publicity, or that Fox will take steps to avoid infringing the rights of The Twins prior to completion and airing of “Touch.”

    I look forward to speaking with you further about this matter.

    Theodore F. Shiells

    From: Jeremy Kaufman [mailto:Jeremy.Kaufman@fox.com]
    Sent: Thursday, August 18, 2011 6:45 PM
    To: Ted Shiells
    Cc: Susan Gans

    Dear Ted,

    As we discussed today, Fox take this claim seriously, however, for us to investigate and properly evaluate the matter, we request that your clients indentify the copyrighted work(s) that have been allegedly infringed. For example, are they the same works that your clients asserted against NBC and Mr. Kring in the attached case?

    We would appreciate it if you could please provide us that information.

    This email is without prejudice to Fox’s rights and remedies, all of which are hereby reserved.


    Jeremy Kaufman

    Jeremy A. Kaufman
    Senior Counsel | Intellectual Property | Fox Group Legal
    t. 310.369.5040


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