By Joshua Morris

In 2016 Disney released the animated film Zootopia, which proved to be a success for the company.[1] The movie won has won a Golden Globe and Academy Award for Best Animated Feature Film and grossed over a billion dollars through the film, video games, and other consumer products.[2] It was one of the highest grossing pictures ever.[3]

A successful screenwriter, Gary Goldman, alleges that he pitched his idea to Disney and the movie giant stole his idea for “Zootopia.”[4] Goldman’s production company, Esplanade, filed suit in the US District Court for the Central District of California alleging copyright infringement, breach of implied-in-fact contract, breach of confidence, and unfair competition.[5] Goldman alleges that he pitched his idea to Disney, Disney rejected his formal pitch, and then stole his themes, settings, plot, characters, dialogue, and title for the animated film.[6] Goldman’s suit alleges that Disney’s Zootopia is substantially similar to the idea he pitched to the movie giant.[7]

In order for a copyrighted work to be found substantially similar the plaintiff must show (1) ownership of a valid copyright and (2) copying of constituent elements of an original work. There must also be a showing that the defendant had access to the original work. Substantial similarity is found on a subjective fact-intensive inquiry.

Based on the facts alleged in the complaint, it seems as if Disney has infringed on Goldman’s copyright and he has a strong case for copyright infringement.[8] The complaint alleges Goldman pitched the “Zootopia” idea twice to Disney’s agents during scheduled in-person meetings to pitch the film idea.[9] The suit further alleges that during these meetings Goldman gave the Disney agents copies of the “Character Descriptions, Character Illustrations, Treatment, Synopsis, and other materials in confidence.”[10] The images in the Complaint depict side-by-side illustrations of the Disney characters and Goldman’s characters with similar characteristics. The suit further states that the two productions have substantially similar themes that in a diverse society “one can be anything he or she wants to be.”[11] The complaint even references similar lines in the movie to illustrate the similarities in the dialogue.[12] The complaint even goes as far to allege that the writer of Disney’s Zootopia has told writers to not be concerned if they feel like they are copying because the writers will add their own unique perspective to the material. [13] Disney alleges that Goldman’s suit is filled with false allegations.[14]

It is a common practice for individuals with movie ideas to pitch them to movie studios with the understanding that if the studio uses the idea, they must compensate the individual who confidentially submitted the idea.[15] It is also common for individuals to bring suits against major production companies for copyright infringement.[16] Disney is definitely not a stranger to these types of suits. [17] Disney has been alleged to have violated copyright laws in their production of the Lion King, Frozen, Monsters Inc., and Up.[18]

Considering the success of Zootopia and the Disney’s earnings of one billion dollars, if Disney’s Zootopia is found to be substantially similar to Goldman’s Zootopia, Disney could potentially face a settlement or award of damages in the range of hundreds of millions of dollars. Such a blow could substantially affect Disney’s financial standing and Disney’s willingness to accept submissions from writers like Goldman. Additionally, a large payout could potentially have a ripple effect on other major movie studios and heighten their concerns over the threat of substantial copyright infringement suits from individuals willing to submit movie ideas.

 

[1] David Ng, ‘Zootopia’ lawsuit claims Disney stole original idea from ‘Total Recall’ screenwriter, LA Times (Mar. 21, 2017), https://www.latimes.com/business/hollywood/la-fi-ct-zootopia-lawsuit-20170321-story.html.

[2] Esplande Prods. v. Walt Disney Co., Compl. at 14, Mar. 21, 2017, 2:17-cv-02185; David Ng, ‘Zootopia’ lawsuit claims Disney stole original idea from ‘Total Recall’ screenwriter, LA Times (Mar. 21, 2017), https://www.latimes.com/business/hollywood/la-fi-ct-zootopia-lawsuit-20170321-story.html.

[3] Dan Mangan, Disney accused in new lawsuit of ripping off idea for ‘Zootopia,’ the billion-dollar Academy Award-winning animated movie, CNBC (Mar. 21, 2017),

https://www.cnbc.com/2017/03/21/disney-in-new-lawsuit-is-accused-of-ripping-off-idea-for-zootopia.html.

[4] David Ng, ‘Zootopia’ lawsuit claims Disney stole original idea from ‘Total Recall’ screenwriter, LA Times (Mar. 21, 2017), https://www.latimes.com/business/hollywood/la-fi-ct-zootopia-lawsuit-20170321-story.html.

[5] https://www.cnbc.com/2017/03/21/disney-in-new-lawsuit-is-accused-of-ripping-off-idea-for-zootopia.html

[6] Compl. at 2; David Ng, ‘Zootopia’ lawsuit claims Disney stole original idea from ‘Total Recall’ screenwriter, LA Times (Mar. 21, 2017), https://www.latimes.com/business/hollywood/la-fi-ct-zootopia-lawsuit-20170321-story.html.

[7] Compl at 15.

[8] Compl. at 8-27.

[9] Compl. at 11-13.

[10] Compl. at 13.

[11] Compl. at 15.

[12] Compl. at 17.

[13] Dan Mangan, Disney accused in new lawsuit of ripping off idea for ‘Zootopia,’ the billion-dollar Academy Award-winning animated movie, CNBC (Mar. 21, 2017),

https://www.cnbc.com/2017/03/21/disney-in-new-lawsuit-is-accused-of-ripping-off-idea-for-zootopia.html.

[14] David Ng, ‘Zootopia’ lawsuit claims Disney stole original idea from ‘Total Recall’ screenwriter, LA Times (Mar. 21, 2017), https://www.latimes.com/business/hollywood/la-fi-ct-zootopia-lawsuit-20170321-story.html.

[15] Complaint at 10.

[16] See Compl. at 1.

[17] See id.

[18] See id.

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