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OFF BEAT: Writer sues over borrowed 'Time'

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OFF BEAT: Writer sues over borrowed 'Time'

Award-winning science fiction writer Harlan Ellison says a movie is based on one of his short stories, and he's not at all happy about it.

Mr. Ellison filed suit in Los Angeles federal court last month alleging that “In Time” is based on his award-winning 1965 short story, “"Repent, Harlequin!' Said the Ticktockman.”

The defendants are Los Angeles-based New Regency Productions Inc. and director Andrew Niccol. The movie, which opens Oct. 28, stars Justin Timberlake, Amanda Seyfried and Cillian Murphy.

In the suit, Mr. Ellison said he has had numerous requests to adapt the story into a feature film, but he declined until recently. Now, however, under an agreement with his company, the Kilimanjaro Corp., a screenplay has been written and is ready to be presented to studios. “However, the value and marketability of the screenplay has been and will be seriously and irreparably degraded” by “In Time,” according to the suit.

The suit says similarities in the book and movie include that both take place in a dystopian corporate future in which everyone is allotted a specific amount of time to live; that the amount of time left can be manipulated; and that death is instant by heart stoppage, among others.

Among the demands, Mr. Ellison seeks an injunction to prevent the film's release, that all copies be impounded and destroyed, and that he receive any profits.

Observers note Mr. Ellison filed a similar lawsuit against Los Angeles-based Orion Pictures Corp., alleging its 1984 film “The Terminator” infringed his copyright on an episode of “The Outer Limits” called “Soldier.” The case ended in a settlement, with Orion agreeing to give him credit in future copies of the work and pay him an undisclosed sum, according to observers.

Perhaps at the time, Mr. Ellison told Hollywood, “I'll be back.”