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Perry takes the stand in copyright lawsuit

12:15 AM CST on Thursday, December 4, 2008

Associated Press

MARSHALL, Texas -- Actor-screenwriter Tyler Perry testified in a copyright infringement lawsuit Wednesday that he did not steal material from a woman’s play for his blockbuster movie “Diary of a Mad Black Woman.”

Donna West is suing Perry in U.S. District Court for the Eastern District of Texas over a script titled “Fantasy of a Black Woman” based primarily on her own experiences. She wants a jury to award her family all the profits made from the 2005 film, which earned some $50 million.

West’s lawyer, Aubrey “Nick” Pittman, grilled Perry, of Atlanta, Ga., with questions ranging from if he possessed an original copy of his script of “Diary of A Mad Black Woman” to whether certain ideas he used in his film were original, The Marshall News Messenger reported for its Thursday editions.

When asked if anyone ever saw him write the script of “Diary of a Mad Black Woman,” Perry said he does not know if there was anyone around watching him write the script.

Perry’s attorney said Perry doesn’t have an original copy of his script because he sends all his work to the Library of Congress to get copyrighted.

Pittman insisted Perry even copied ideas from other movies and incorporated them into his box office hit.

“I never stole anything from anybody—never,” Perry said, locking his eyes with the jury.

Jurors on Tuesday watched the film and listened to a reading of the script from West’s play which was performed in July 1991 at the Junior Black Academy of Arts and Letters at the Dallas Convention Center.

One of the questions raised was if Perry had stolen the idea of the character Madea detesting wire hangers from the movie, “Mommy Dearest,” in which Joan Crawford made reference to the use of wire hangers. Perry was also asked if he stole concepts from “Mrs.  Doubtfire” and Martin Lawrence’s role in “Big Momma’s House” as well as the “Color Purple” and “An Officer and a Gentleman.”

Perry denied copying any of the ideas.

“It wasn’t copied, sir,” he told Pittman.

Before Perry was called to the stand, Willie Briscoe, West’s other attorney, called L.D. Dabney, an associate of West and a theater arts enthusiast of the Dallas area, to the stand.

Dabney said he read the script and gave the play to a woman who knew Curtis King, owner of the Junior Black Academy for Arts and Letters Inc., where Perry performed his plays.

Dabney said when he first saw Perry’s film in July 2006 at a friend’s house, he thought it was a result from West’s play because he knew what was going to happen next.

Testimony was expected to resume Thursday.

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