The iconic Hawaii Five-O theme song, instantly recognizable and synonymous with the long-running crime drama, is at the center of a copyright infringement lawsuit that could potentially change its future use. Thanks to a legal interpretation highlighted by none other than the late U.S. Supreme Court Justice Ruth Bader Ginsburg, CBS is facing a challenge to their rights to this famous piece of music.
The lawsuit was filed in California federal court by the children of the late Morton Stevens, the composer behind the Emmy-award winning score, including the unforgettable trumpet-and-drums opening of the Hawaii Five-O theme. Stevens passed away in 1991, and according to the legal complaint, this is a critical point regarding copyright law. For works created before 1978, if the author dies before the original copyright term expires, the rights can revert to their heirs during the renewal term. The renewal copyright term for the Hawaii Five-O theme began roughly six years after Stevens’ death.
CBS reportedly filed a renewal registration for the theme in 1997, but the lawsuit argues they lacked the proper authority to do so. The original Hawaii Five-O series aired on CBS from 1968 to 1980. This registration issue might have remained inconsequential if CBS hadn’t revived the series in 2010 with a reboot, and crucially, if the Supreme Court hadn’t made a significant ruling in a case involving Martin Scorsese’s film Raging Bull.
The ‘Raging Bull’ Ruling and Its Implications for the Hawaii Five-O Theme
The Supreme Court case referenced involves Paula Petrella, whose father authored works that formed the basis for Raging Bull. Like Stevens, Petrella’s father died before the original copyright term concluded. The core question in the Raging Bull case was whether Petrella’s delayed lawsuit against MGM and 20th Century Fox should be dismissed. Justice Ginsburg, in her opinion, decided against a strict “sue quickly or lose your rights forever” approach in copyright cases. This ruling is pivotal because it potentially allows the Stevens family to overcome any arguments that their claim is untimely, even though CBS registered the renewal in 1997, which could be argued as putting them on notice.
Henry Gradstein, the attorney representing Stevens’ children, is no stranger to Hawaii Five-O legal battles. He previously represented the ex-agent of Leonard Freeman, the original Hawaii Five-O creator, in a $100 million lawsuit concerning the reboot, although he was unsuccessful in that instance. However, Gradstein’s familiarity with the rights surrounding the show seems to have provided him with a new legal avenue. His firm, along with Robert E. Allen, also successfully represented the son of Marc Bolan of T. Rex in a copyright reversion case concerning song rights, setting a precedent for these types of challenges.
New Recording and Demand for Injunction
The lawsuit specifically alleges that CBS created a “new derivative recording” of the Hawaii Five-O theme song for the reboot series and its soundtrack album. This new recording is central to the infringement claim. The Stevens family is seeking actual damages and profits, or alternatively, statutory damages. Furthermore, they are demanding an injunction, which, if granted, could prevent CBS from further use of the Hawaii Five-O theme song in its current form. Justice Ginsburg’s Supreme Court opinion from the Raging Bull case is again relevant here, as it suggested that while the legal doctrine of laches (unreasonable delay) might not bar damage claims within the statute of limitations, it could influence a judge’s decision on injunctive relief.
CBS Responds to the Copyright Claims
In response to the lawsuit, a CBS spokesperson expressed surprise and disappointment, noting the suit was filed more than five years after the Hawaii Five-0 reboot premiered and without any prior discussion. The spokesperson stated, “Although we have great respect and appreciation for Mr. Stevens’ work on the original Hawaii Five-0 theme song, his heirs’ claims are without merit, and we will vigorously defend this case.”
The legal battle over the Hawaii Five-O theme song is just beginning. The outcome could have significant implications for the use of classic TV theme songs in reboots and remakes, particularly concerning copyright law and the rights of composers’ heirs. The courts will now have to decide whether the iconic music will continue to play as audiences know it, or if the Stevens family will gain control over the legacy of the Hawaii Five-O theme song.
