Warner Music Group Sued Over Unauthorized Use of Tom Petty 'Wildflowers' Documentary Footage

Warner Music Group Sued Over Unauthorized Use of Tom Petty 'Wildflowers' Documentary Footage

By Marcus Hartley

December 3, 2024 at 10:38 PM

Warner Music Group faces a copyright infringement lawsuit over unauthorized use of archival footage in their 2021 Tom Petty 'Wildflowers' documentary. The complaint was filed by filmmaker Martyn Atkins in a California federal court.

Tom Petty performing on stage

Tom Petty performing on stage

Atkins, who served as the Wildflowers art director and was a close friend of Petty, claims he:

  • Shot the 16mm film footage during the album's creation and subsequent tour
  • Never signed a work-for-hire agreement or licensed the footage
  • Stored the footage in Warner Records' facilities at Petty's suggestion in 1995
  • Maintained access rights to the materials

In 2020, Atkins met with Petty's daughter Adria and the estate manager, revealing the footage's location. He claims he was promised directorial involvement in the documentary project but was subsequently excluded from both the creative process and any licensing discussions.

The 90-minute documentary "Somewhere You Feel Free," directed by Mary Wharton, reportedly uses Atkins' footage for approximately half of its runtime without permission or compensation.

Atkins seeks:

  • Damages
  • Disgorgement
  • Restitution
  • Return of original film and audio materials

The lawsuit emphasizes that no agreements exist regarding the footage's usage rights, and Atkins expected to either decline usage or negotiate licensing terms before the documentary's production.

Band performing on Jimmy Kimmel.

Band performing on Jimmy Kimmel.

Spotify logo on yellow background

Spotify logo on yellow background

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