On March 10, 2025, a federal jury delivered a verdict in favor of Disney in a closely watched copyright infringement lawsuit. In Buck G. Woodall v. The Walt Disney Co., et al., screenwriter and animator Buck Woodall claimed that Disney's 2016 blockbuster animated film "Moana" infringed on his 2011 screenplay "Bucky the Wave Warrior" (“Bucky”). Woodall alleged that he invested over 15 years and $500,000 developing the project, which included unique illustrations and character developments, a full screenplay, and even a theatrical trailer. The eight-person jury ruled in Disney's favor following less than three hours of deliberation.
Understanding Copyright Infringement Claims
To prevail in a copyright infringement claim, a plaintiff must establish two fundamental elements:
- Ownership of a valid copyright
- That the defendant copied protected elements of the plaintiff’s work. This generally requires proof that:
- The defendant had reasonable opportunity to view or access the plaintiff’s work before creating their own; and
- The defendant’s work is substantially similar to protected elements of the plaintiff’s work
If a plaintiff successfully proves these elements by a preponderance of the evidence, courts will presume copying occurred. However, defendants can overcome this presumption by demonstrating that similarities resulted from coincidence, independent creation, or a common source.
The Trial
Because valid copyright ownership was not at issue, the case only focused on the second prong of the infringement elements: access and substantial similarity.
Access to Plaintiff’s Work
Woodall argued that he pitched “Bucky” to his sister-in-law’s stepsister, Jenny Marchick, in 2003, while she was an assistant at a production company that was located on the same lot as Disney. Woodall claimed that Marchick was interested in the idea and repeatedly encouraged Woodall to create and share additional elements of his “Bucky” screenplay with Marchick over several years. Woodall further claimed that Marchick stated she would get his materials in touch with “the right people.” Woodall claims he sent the final draft script for "Bucky" to Marchick in 2011. Afterwards, he alleged, Marchick passed the script off to Disney. Disney then copied Woodall’s work and spun it into “Moana” which was released in November 2016.
On the other hand, Disney argued that the creators of Moana never had access to Woodall’s outlines or scripts, with Marchick testifying that she never even showed Woodall’s materials to anybody at Disney. Instead, Disney argued that “Moana” was independently created years later using the studio’s usual creative process. In support of its claim, Disney offered thousands of pages of development documents that showed every step of the filmmakers’ creation.
Substantially Similar
Woodall argued that “Moana” and “Bucky” were substantially similar, in part, because both works:
- Featured teenagers defying parental warnings in order to embark on dangerous ocean voyages to save an endangered Polynesian island;
- Featured protagonists who learn about ancient Polynesian culture while on a sea voyage;
- Included the concept of navigation by stars;
- Featured a main character who encounters a demigod with tattoos and a large hook; and
- Ended with the teenager returning to their island as a hero, having saved the island from certain ruin.
Disney rebutted the similarity claims by pointing out several key differences in the screenplays, such as the characters’ backgrounds and motivations. For example, while Bucky is a modern-day American teenager who wants to learn how to surf, Moana is an indigenous future chief from ancient times who aims to continue her people's voyaging traditions.
The Verdict
The jury deliberated for less than 3 hours before finding that Disney filmmakers did not have access to Woodall's screenplay. Because the jury found Disney did not have access to Woodall’s work, Disney automatically won the case and the jury did not address whether the works were substantially similar.
Best Practices to Protect Your Creative Works
- Document the creative process: Maintain comprehensive records that document every stage of your creative development. Disney's extensive documentation proved instrumental in demonstrating independent creation. Save all drafts, notes, communications, research materials, and development artifacts with clear timestamps.
- Register Your Copyrights: While copyright protection arises automatically upon creation, registering your work with the U.S. Copyright Office provides several benefits, including that it establishes a public record and enables you to file infringement suits for U.S. works. It is also highly recommended to register treatments and screenplays with the Writers’ Guild of America West.
- Work with Specialized Legal Counsel: Partner with a full-service firm like Miller Nash, which specializes in both intellectual property matters as well as entertainment and media matters. Experienced counsel can help identify and protect the most valuable elements in your creative works and devise effective litigation strategies when necessary.
Conclusion
The Woodall case demonstrates the high bar plaintiffs face in copyright infringement actions. By implementing robust protection strategies and securing experienced legal representation, creators can better safeguard their intellectual property and navigate potential disputes effectively.
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