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
Defendant
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.
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