Carnival Comics has provided Robot 6 with a copy of Jazan Wild's $60-million lawsuit against NBC and Heroes creator Tim Kring, complete with color images detailing alleged similarities between the TV series and the comic Carnival of Souls.
The lawsuit, filed May 13 in Los Angeles federal court, alleges that the traveling carnival featured prominently in the fourth season of Heroes is "virtually identical" to the one depicted in Wild's 2005-2006 comic series.
Wild (aka Jason Barnes) wants to prevent NBC from rebroadcasting the season, and seeks compensatory and punitive damages for copyright infringement, intentional interference with prospective economic advantage, unfair competition and unjust enrichment.
After the break you can see some of the side-by-side comparisons from the complaint:
"The opening shot of the Carnival on Heroes (right), has the Ferris Wheel and tents in the same position as Carnival of Souls (left). Colors of poles are the same; sign positions are the same and the string lights are the same. The scene appears to be directly storyboarded from Carnival of Souls and uses the same camera angle.)"
"Here are both Carnivals’ Ringmasters. Notice the same color design and style of clothes, as well as the position of characters. The scene seems to be directly storyboarded from Carnival of Souls and uses the same camera angle.)"
"In the above scene, both protagonists see the Magical Carnival that has appeared in the remote wooded area. Both Magical Carnivals have a character with outstretched hands welcoming the protagonists into a ghost-like deserted carnival. The camera angle of both characters is substantially similar. The Heroes’ scene seems to be directly storyboarded from Carnival of Souls.)"
"In the above scene, both protagonists see the Magical Carnival that has appeared in the remote wooded area. Both Magical Carnivals have a character with outstretched hands welcoming the protagonists into a ghost-like deserted carnival. The camera angle of both characters is substantially similar. The Heroes’ scene seems to be directly storyboarded from Carnival of Souls.)"
"Above is the 'House Of Mirrors' from both series. The camera angle of the House Of Mirrors and the design, specifically the title above the entrance and pull away red curtains, are substantially similar. The scene seems to be directly storyboarded from Carnival of Souls.)"
"Above is where both protagonists have their names called out to them and both protagonists then reply 'Mother/Mom' when their dead mother appears to them in the mirrors. The camera angle of both characters as well as the circular House Of Mirrors design are substantially similar. The scene seems to be directly storyboarded from Carnival of Souls.)"
"Above is where both stories have an evil character enter the House Of Mirrors and blast an enemy with Kinetic Energy from his hands. The camera angle is substantially similar. Both are overhead shots as the evil character enters. The design of the mirrors is similar, as is the darkness behind the mirrors. The scene seems to be directly storyboarded from Carnival of Souls."
"Above is the picture of the Jamaican Witchdoctor from both stories. Note the glowing white eyes."
"Both stories have a character who can see the future being warned that a Hunter is coming to attack the Carnival."
"Both stories have a Hunter who attacks the Carnival while his daughter is at the Carnival. On the left is a scene where the Hunter from Carnival of Souls is looking at his daughter through the scope of his rifle. In the picture on the right, the Hunter from Heroes is also looking at his daughter through the scope of his gun, while he is attacking the Carnival."
"Above, both stories have the Carnivals being destroyed. Top left, the evil character is attacking the Carnival of Souls and people are fleeing. Top right, the evil character is attacking the Heroes Carnival and people are fleeing. Bottom left, the blonde-haired girl in a panic flees from the Carnival of Souls. Bottom right, blonde-haired girl in a panic flees from the Heroes Carnival."