Chris Rock's Movie Good Hair Prevails against Motions for Injunctive Relief

Regina Kimball was probably pleased when comedian Chris Rock requested to view her film, My Nappy Roots, a documentary that explores the politics, culture and history of African-American hair. However, this happiness inevitably faded after she saw a trailer for Rock’s film, Good Hair, in late September. Kimball believed that Rock’s movie incorporated elements of her film, so she filed suit, alleging copyright infringement and requested that the Court enjoin the film’s October debut. (Kimball v. Rock, et. al., case number 2:09-cv-07249-DSF-E (C.D. Cal.)). However, U.S. District Court Judge Dale S. Fischer ultimately denied Kimball’s request for injunctive relief, and allowed the film to show.

To establish copyright infringement, two elements must be proven: (1) ownership of a valid copyright and (2) copying of constituent elements of the work that are similar. The Court refused to grant Kimball’s request for injunctive because she had failed to demonstrate a likelihood of success on the merits.

First, even though her film debuted in 2005, Kimball’s copyright registration is still pending. The Court noted that there is a disagreement, among various Circuits, about whether a pending registration is enough to confer jurisdiction.

Second, with regard to infringement, Kimball provided the following chart to demonstrate the similarities between the two films:

My Nappy Roots	Good Hair
Title connotes the perceived negative end of the spectrum of black hair	Title connotes the perceived positive end of the spectrum of black hair
Is socially and politically conscious	Is socially and politically conscious
Kimball was inspired to make the film because of her daughter's hair angst	Rock claims he was inspired to make the film because of his daughter's questions about her hair
Includes an interview with a doctor	Includes an interview with a dermatologist and Chemist
Includes an interview with hair care [sic] George Johnson	Includes an interview with hair care pioneer Joe Dudley
Tells story of weave with film clips of India, focusing on Tonsure ceremony at Temple Tirumala Tirupati	Visits India to explore a principle source of human hair, focusing on Tonsure ceremony at Temple Tirumala Tirupati
Has comedian Tommy Chung for comedic relief	In addition to Rock, has comedian Paul Mooney for comedic relief
Covers the business of black hair care	Covers the business of black hair care
Celebrities tell their own hair stories	Celebrities tell their own hair stories
Tour of manufacturing plant where hair relaxers are made	Tour of manufacturing plant where hair relaxers are made
Interviews Aleila Bundles	Interviews Aleia Bundles
Photos of Madame C.J. Walker graduation ceremony	Footage of J. Dudley graduation ceremony
Discuses controversy over inventor of the "Jheri Curl"	Interviews Willie Morrow the "self-proclaimed Jheri Curl inventor"
Interviews Sam Enos, founder of BOBSA	Interviews Sam Enos, founder of BOBSA

This chart did not convince the court. In particular, when it applied the substantial-similarity test, which has both an intrinsic and extrinsic component, the Court held that the two films differed with regard to their theme, plot, sequence of events, characters, dialogue, setting, mood and pace. The court held that Good Hair is a comedic documentary, while My Nappy Roots takes a serious and holistic view, and is an authority on the history and social dynamics of African-American Hair.