Lawsuit claiming Disney stole idea for ‘Pirates of the Carribean’ movie revived by Ninth Circuit
The legal duel claiming Disney’s first “Pirates of the Caribbean” movie infringed on the copyright of a prior screenplay has been revived by the Ninth Circuit after it was cast away by a lower court.
In a ruling Wednesday, the Ninth Circuit said a district court erred when it prematurely dismissed the lawsuit filed in 2017 by screenwriters Arthur Lee Alfred II and Ezequiel Martinez along with producer Tova Laiter.
The plaintiffs claim Disney received a copy of their “Pirates of the Caribbean” screenplay in 2000 as they worked with the studio on another project for which they were compensated.
The script was originally titled “Pirates of the Spanish Main,” but the plaintiffs rename it “Pirates of the Caribbean” upon hearing Disney had expressed interest in a project giving a backstory to its iconic Disneyland theme park attraction by the same name, the original complaint states.
The plaintiffs claim they saw their script and related artwork for the project on a coffee table inside the office of Disney film producer Brigham Taylor after they sent him the screenplay on August 9, 2000.
After mentioning the script and asking if they would be discussing this project, “they were quickly ushered out of the office to wait for Taylor,” and “the meeting ended abruptly,” their complaint states.
“We agree with plaintiffs that the screenplay shares sufficient similarities with the film to survive a motion to dismiss,” the Ninth Circuit memorandum on the case states.
The appeals court said the “Pirates of the Caribbean: Curse of the Black Pearl” film that Disney eventually produced and released in 2003 shares striking similarities with plaintiffs’ screenplay.
“Both begin with a prologue that takes place ten years prior to the main story; introduce the main characters during a battle, at gunpoint; involve treasure stories that take place on islands and in jewel-filled caves; include past stories of betrayal by a former first mate; contain fearful moments driven by skeleton crews; focus on the redemption of a young, rogue pirate; and share some similarities in dialogue and tone,” the ruling states.
“To be sure, there are striking differences between the two works, as well — but the selection and arrangement of the similarities between them is more than de minimis,” the court found.
The appeals court said the lower court did note some of these similarities in its prior decision but “erred” when it “dismissed the action largely because it concluded that many of the elements the two works share in common are unprotected generic, pirate-movie tropes.”
“At this stage of the litigation, it is difficult to know whether such elements are indeed unprotectible material. Additional evidence would help inform the question of substantial similarity,” the decision states.
“Because plaintiffs sufficiently allege that there are substantial similarities between the works to survive defendants’ motion-to-dismiss, we reverse the district court’s dismissal and remand,” the ruling says.
Attempts to reach the lawyers on both sides of the dispute were not immediately successful Thursday.
Disney’s first “Pirates of the Caribbean” movie was a blockbuster success that grossed more than $650 million worldwide and launched a lucrative film franchise with four sequels.
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