This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Intellectual Property
Copyright Infringement
Movie

Bryant Moore v. Lightstorm Entertainment, James Cameron III, 20th Century Fox Inc.

Published: Feb. 22, 2014 | Result Date: Jan. 17, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 8:11-cv-03644-RWT Summary Judgment –  Defense

Court

USDC Maryland


Attorneys

Plaintiff

Glenn Ivey

Donald Temple


Defendant

John M. Williams

Gregory Olaniran

Robert H. Rotstein
(Mitchell, Silberberg & Knupp LLP)

Aaron M. Wais
(Mitchell, Silberberg & Knupp LLP)


Facts

Bryant Moore was a science fiction writer, who wrote the screenplays "Aquatica" and "Descendants: The Pollination." Moore later claimed that James Cameron, a writer, producer and director at Lightstorm Entertainment Inc., used Moore's screenplays without permission when creating the screenplay for the movie, "Avatar."

Contentions

PLAINTIFF'S CONTENTIONS:
Moore argued that there were substantial similarities between his copyrighted screenplays and Avatar. He claimed that Cameron took elements from his works, and then used them to create Avatar. Moore also alleged that Cameron had access to the screenplays for Aquatica and Descendants, because Moore had submitted those screenplays to Lightstorm.

DEFENDANT'S CONTENTIONS:
Defendants moved for summary judgment, arguing that there was no evidence that Cameron had used or had access to Moore's screenplays, which were submitted to Lightstorm many years after Cameron had written his scriptment for Avatar. Defendants also moved on the basis that the evidence showed that Cameron independently created Avatar.

Damages

Moore sought $1.5 billion in damages.

Result

The court granted defendants' motion for summary judgment, finding that Moore had failed to establish a viable copyright infringement claim. The court held that Cameron did not have access to Moore's screenplays; that the works at issue were not substantially similar; and that Cameron independently created Avatar.


#100414

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390