Walt Disney Productions v. Filmation Associates
628 F. Supp. 871, 1986 U.S. Dist. LEXIS 29086, 230 U.S.P.Q. (BNA) 524 (1986)
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Rule of Law:
Intermediate materials created during the production of a work, such as scripts, storyboards, and models, are considered "copies" under the Copyright Act of 1976. The creation of such materials can constitute copyright infringement even if they are never published and the final work is never completed.
Facts:
- Walt Disney Productions (Disney) produced a series of animated feature films, including 'Pinocchio,' and holds registered copyrights for the film and its character designs.
- The Disney films, like 'Pinocchio,' are based in part on preexisting stories in the public domain.
- Filmation Associates (Filmation), another animation company, announced its intention to produce its own series of animated films based on the same public domain stories, including a film titled 'The New Adventures of Pinocchio.'
- In the course of producing its 'Pinocchio' film, Filmation created a script, storyboards, a story reel, models, and character designs.
- At the time of the legal dispute, Filmation had created these preliminary production materials but had not completed or distributed its final animated film.
Procedural Posture:
- Walt Disney Productions (plaintiff) sued Filmation Associates and other entities (defendants) in United States District Court, alleging copyright and trademark infringement.
- Defendants moved to dismiss the original complaint, and the court granted the motion in part.
- Disney filed a First Amended Complaint.
- Disney moved for a preliminary injunction against Filmation's advertising materials, which the court denied, finding Disney had not shown a likelihood of success on the merits.
- Defendants moved to dismiss the First Amended Complaint, which the court denied.
- Defendants then moved for summary judgment on all counts of the First Amended Complaint.
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Issue:
Do tangible, preliminary materials created during the production of a motion picture, such as a script, storyboards, and models, constitute actionable 'copies' under the Copyright Act, such that a claim for infringement can proceed even before the final motion picture is completed?
Opinions:
Majority - Stotler, District Judge
Yes. Preliminary materials created during the production of a motion picture are actionable 'copies' under the Copyright Act. The Copyright Act of 1976 defines 'copies' as material objects in which a work is fixed in a tangible medium of expression that is 'sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.' The court found that Filmation's script, storyboards, and story reel satisfy this definition. The right of reproduction is infringed when an unauthorized copy is made, regardless of whether it is ever published or distributed. Therefore, it is irrelevant that Filmation considered these materials mere interim steps toward a final film; the act of their creation can itself constitute infringement.
Analysis:
This decision clarifies that the scope of copyright protection under the 1976 Act extends to in-progress works, not just finished and distributed products. It establishes that infringement can occur at a very early stage of a project's development, significantly strengthening a copyright holder's ability to police their rights. By defining preliminary production materials as potentially infringing 'copies,' the ruling allows copyright owners to seek legal remedies, such as an injunction, to halt a potentially infringing project long before it reaches the market, thereby preventing potential damages before they occur.
