Case 2:16-cv-04109-AB-PLA Document 487 Filed 06/18/19 Page 1 of 9 Page ID #:14811
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
`DISNEY ENTERPRISES, INC.;
` Case No. 2:16-cv-04109-AB (PLAx)
`LUCASFILM LTD. LLC;
`
`TWENTIETH CENTURY FOX FILM
`FINDINGS OF FACT AND
`CORPORATION; WARNER BROS.
`ENTERTAINMENT INC.; MVL FILM
`CONCLUSIONS OF LAW
`FINANCE LLC; NEW LINE
`
`PRODUCTIONS, INC.; and TURNER
`Judge: Hon. André Birotte Jr.
`ENTERTAINMENT CO.,
`
`
`Bench Trial: June 10, 2019
`Time:
`2:00 PM
`Crtrm.:
`7B
`
`
`
`
`
`
`vs.
`
`Plaintiffs,
`
`
`VIDANGEL, INC,
`
`
`Defendant.
`
`
`
`
`On June 10, 2019, a bench trial was held on the ownership of 79 copyrighted
`works claimed by Plaintiff Warner Bros. Entertainment Inc. and 23 copyrighted
`works claimed by Plaintiff Turner Entertainment Co. Having reviewed and
`considered all the evidence presented during the bench trial, and the contentions and
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`Case 2:16-cv-04109-AB-PLA Document 487 Filed 06/18/19 Page 2 of 9 Page ID #:14812
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`arguments of counsel, the Court hereby makes the following findings of fact and
`conclusions of law in accordance with Rule 52(a) of the Federal Rules of Civil
`Procedure.
`
`A.
`
`FINDINGS OF FACT
`The Warner Bros. Entertainment Inc. Works
`1.
`Plaintiff Warner Bros. Entertainment Inc. is a corporation duly
`incorporated under the laws of the State of Delaware.
`2.
`Plaintiff Warner Bros. Entertainment Inc. is the exclusive owner by
`assignment of the U.S. and worldwide copyrights in the following motion pictures:
`“Batman,” “Batman Returns,” “Blazing Saddles,” “The Candidate,” “A Clockwork
`Orange,” “The Color Purple,” “Deliverance,” “Doc Hollywood,” “Driving Miss
`Daisy,” “Empire of the Sun,” “The Enforcer,” “Enter The Dragon,” “Every Which
`Way But Loose,” “Full Metal Jacket,” “Funny Farm,” “Goodfellas,” “The Goonies,”
`“Gremlins,” “Gremlins 2: The New Batch,” “Innerspace,” “Joe Versus The
`Volcano,” “Lethal Weapon,” “Lethal Weapon 2,” “Lethal Weapon 3,” “Lost Boys,”
`“National Lampoon’s Christmas Vacation,” “National Lampoon’s European
`Vacation,” “National Lampoon’s Vacation,” “The Outlaw – Josey Wales,” “Pale
`Rider,” “The Rookie,” “The Shining,” “Spies Like Us,” “Sudden Impact,” “THX
`1138,” “Twilight Zone – The Movie,” and ‘‘What’s Up Doc?.” Two of the above
`motion pictures, “The Enforcer” and “The Outlaw – Josey Wales,” were renewed in
`the name of Warner Bros. Entertainment Inc.
`3.
`For convenience at the bench trial, Plaintiffs have referred to the
`motion pictures listed in Paragraph 2 above as the “WBI Pictures.” The chain of
`title of the WBI Pictures to Warner Bros. Entertainment Inc. is established as
`follows:
`
`a.
`The copyrights to the WBI Pictures were registered with the U.S.
`Copyright Office in the name of Warner Bros. Inc.
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`FINDINGS OF FACT AND CONCLUSIONS OF LAW
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`Case 2:16-cv-04109-AB-PLA Document 487 Filed 06/18/19 Page 3 of 9 Page ID #:14813
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`b.
`On June 30, 1992, Warner Bros. Inc. assigned to Time Warner
`Entertainment Company, L.P. all of its right, title and interest in and to the WBI
`Pictures.
`
`c.
`On March 31, 2003, Time Warner Entertainment Company, L.P.
`assigned all of its right, title and interest to numerous motion pictures, including the
`WBI Pictures, to Warner Communications Inc.
`d.
`On March 31, 2003, Warner Communications Inc. assigned all of
`its right, title and interest to numerous motion pictures, including the WBI Pictures,
`to Warner Bros. Entertainment Inc.
`4.
`Plaintiff Warner Bros. Entertainment Inc. is the exclusive owner by
`assignment of the U.S. and worldwide copyrights in the following motion pictures:
`“The Avengers,” “Batman & Robin,” “Batman Forever,” “Batman: Mask of the
`Phantasm,” ‘‘The Bodyguard,” “The Bridges of Madison County,” “Conspiracy
`Theory,” “Contact,” “Dave,” “Demolition Man,” “Dennis the Menace,” “Eraser,”
`“Executive Decision,” “Eyes Wide Shut,” “Fair Game,” “The Fugitive,” “Grumpier
`Old Men,” “Grumpy Old Men,” “Harry Potter and the Sorcerer’s Stone,” “The
`Hudsucker Proxy,” “The Iron Giant,” “Lethal Weapon 4,” “Little Giants,” “A Little
`Princess,” “Malcolm X,” “Mars Attacks!” “Midnight in the Garden of Good and
`Evil,” “Osmosis Jones,” “Outbreak,” “The Pelican Brief,” “The Perfect Storm,”
`“The Postman,” “Quest For Camelot,” “Richie Rich,” “Scooby-Doo,” “Selena,”
`“Space Jam,” “Sphere,” “Unforgiven,” “U.S. Marshals,” “Wyatt Earp,” “You’ve
`Got Mail.”
`5.
`For convenience at the bench trial, the Plaintiffs have referred to the
`motion pictures listed in Paragraph 4 above as the “WB Pictures.” The chain of title
`of the WB Pictures to Warner Bros. Entertainment Inc. is established as follows:
`a.
`The copyrights to the WB Pictures were registered with the U.S.
`Copyright Office in the name of Warner Bros., a division of Time Warner
`Entertainment Company, L.P.
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`FINDINGS OF FACT AND CONCLUSIONS OF LAW
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`Case 2:16-cv-04109-AB-PLA Document 487 Filed 06/18/19 Page 4 of 9 Page ID #:14814
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`b.
`On March 31, 2003, Time Warner Entertainment Company, L.P.
`assigned all of its right, title and interest to numerous motion pictures, including the
`WB Pictures, to Warner Communications Inc.
`c.
`On March 31, 2003, Warner Communications Inc. assigned all of
`its right, title and interest to numerous motion pictures, including the WB Pictures,
`to Warner Bros. Entertainment Inc.
`6.
`VidAngel submitted no evidence of invalidity of Plaintiff Warner Bros.
`Entertainment Inc.’s ownership or chain of title of the aforementioned works.
`B.
`The Turner Entertainment Co. Works
`7.
`Plaintiff Turner Entertainment Co. is a corporation duly incorporated
`under the laws of the State of Delaware. Turner Entertainment Co. is a wholly
`owned subsidiary of Warner Bros. Entertainment Inc.
`8.
`Turner Entertainment Co. is the exclusive owner by assignment of the
`U.S. and worldwide copyrights in the following motion pictures: “The Adventures
`of Robin Hood,” “Casablanca,” and “The Maltese Falcon.”
`9.
`For convenience at the bench trial, the Plaintiffs have referred to the
`motion pictures listed in Paragraph 8 above as the “WBP Pictures.” The chain of
`title of the WBP Pictures to Turner Entertainment Co. is established as follows:
`a.
`The copyrights in the WBP Pictures were originally registered
`with the U.S. Copyright Office in the name of Warner Bros. Pictures, Inc.
`b.
`On July 26, 1956, Warner Bros. Pictures, Inc. assigned all of its
`right, title and interest in and to the copyrights in its feature motion picture
`photoplays, short subject motion picture photoplays, cartoon motion picture
`photoplays and literary properties to P.R.M., Inc.
`c.
`On November 27, 1956, P.R.M., Inc. changed its name to
`Associated Artists Productions Corp.
`d.
`On October 17, 1958, Associated Artists Productions Corp.
`assigned to United Artists Associated, Inc. all its assets.
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`FINDINGS OF FACT AND CONCLUSIONS OF LAW
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`Case 2:16-cv-04109-AB-PLA Document 487 Filed 06/18/19 Page 5 of 9 Page ID #:14815
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`e.
`On March 19, 1964, United Artists Associated, Inc. changed its
`name to United Artists Television, Inc.
`f.
`United Artists Television, Inc. renewed the copyrights in the
`WBP Pictures with the U.S. Copyright Office.
`g.
`On June 17, 1982, United Artists Television, Inc. merged into
`United Artists Corporation.
`h.
`On March 24, 1986, United Artists Corporation assigned its
`motion picture copyrights, including copyrights in the WBP Pictures, to MGM/UA
`Entertainment Co.
`i.
`On March 25, 1986, MGM/UA Entertainment Co. changed its
`name to MGM Entertainment Co.
`j.
`On August 4, 1986, MGM Entertainment Co. merged into TBS
`Entertainment Co.
`k.
`On August 8, 1986, TBS Entertainment Co. changed its name to
`Turner Entertainment Co.
`10. Turner Entertainment Co. is the exclusive owner by assignment of the
`U.S. and worldwide copyrights in the following motion pictures: “Ben-Hur,” “North
`by Northwest,” “Never Let Me Go,” “Ransom,” “Seven Brides for Seven Brothers,”
`“Singin’ in the Rain,” “The Three Musketeers,” and “The Wizard of Oz.”
`11. For convenience at the bench trial, the Plaintiffs have referred to the
`motion pictures listed in Paragraph 10 above as the “Loew’s Pictures.” The chain of
`title of the Loew’s Pictures to Turner Entertainment Co. is established as follows:
`a.
`The copyrights in the Loew’s Pictures were originally registered
`with the U.S. Copyright Office in the name of Loew’s Incorporated.
`b.
`On February 25, 1960, Loew’s Incorporated changed its name to
`Metro-Goldwyn-Mayer Inc.
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`Case 2:16-cv-04109-AB-PLA Document 487 Filed 06/18/19 Page 6 of 9 Page ID #:14816
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`c.
`On February 29, 1980, Metro-Goldwyn-Mayer Inc. assigned all
`of its right, title and interest in its motion picture copyrights, including the Loew’s
`Pictures, to Metro-Goldwyn-Mayer-Film Co.
`d.
`On April 12, 1982, Metro-Goldwyn-Mayer Film Co. changed its
`name to MGM/UA Entertainment Co.
`e.
`On March 25, 1986, MGM/UA Entertainment Co. changed its
`name to MGM Entertainment Co.
`f.
`On August 4, 1986, MGM Entertainment Co. merged into TBS
`Entertainment Co.
`g.
`On August 8, 1986, TBS Entertainment Co. changed its name to
`Turner Entertainment Co.
`12. Turner Entertainment Co. is the exclusive owner by assignment of the
`U.S. and worldwide copyrights in the following motion pictures: “2001: A Space
`Odyssey,” “Dirty Dozen,” “Doctor Zhivago,” “Far From the Madding Crowd,”
`“Kelly’s Heroes,” “Logan’s Run,” “The Rounders,” “Skyjacked,” “Where Eagles
`Dare.”
`13. For convenience at the bench trial, the Plaintiffs have referred to the
`motion pictures listed in Paragraph 12 above as the “MGM Pictures.” The chain of
`title of the MGM Pictures to Turner Entertainment Co. is established as follows:
`a.
`The copyrights in the MGM Pictures were originally registered
`with the U.S. Copyright Office in the name of Metro-Goldwyn-Mayer Inc.
`b.
`The chain of title from Metro-Goldwyn-Mayer Inc. is as set forth
`in Paragraphs 11(c)-(g) above.
`c.
`The copyrights to the MGM Pictures were renewed in the U.S.
`Copyright Office in the name of Turner Entertainment Co.
`14. Turner Entertainment Co. is the exclusive owner by assignment of the
`U.S. and worldwide copyrights in the following motion pictures: “2010,” “A
`Christmas Story,” and “Strange Brew.”
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`Case 2:16-cv-04109-AB-PLA Document 487 Filed 06/18/19 Page 7 of 9 Page ID #:14817
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`15. For convenience at the bench trial, the Plaintiffs have referred to the
`motion pictures listed in Paragraph 14 above as the “MGM/UA Pictures.” The
`chain of title of the MGM/UA Pictures to Turner Entertainment Co. is established as
`follows:
`
`a.
`The copyrights in the MGM/UA Pictures were registered with
`the U.S. Copyright Office in the name of MGM/UA Entertainment Co.
`b.
`The chain of title from MGM/UA Entertainment Co. to Turner
`Entertainment Co. is as set forth in Paragraphs 11(e)-(g) above.
`16. VidAngel submitted no evidence of invalidity of Plaintiff Turner
`Entertainment Co.’s ownership or chain of title of the aforementioned works.
`CONCLUSIONS OF LAW
`17. Copyright owners or the owners of exclusive rights under copyright are
`entitled to institute an action for infringement. 17 U.S.C. § 501(b).
`18. To establish a prima facie case of copyright infringement, a plaintiff
`must show (1) ownership of a valid copyright and (2) violation by the alleged
`infringer of at least one of the exclusive rights granted to copyright owners by the
`Copyright Act. See UMG Recordings, Inc. v. Augusto, 628 F.3d 1175, 1178 (9th
`Cir. 2011).
`19. Plaintiff Warner Bros. Entertainment Inc. claims ownership of 79
`works identified by title at Paragraphs 2 & 4 above (“WBEI Works”).
`20. Plaintiff Warner Bros. Entertainment Inc. established prima facie
`ownership of the WBEI Works by predecessor entities Warner Bros. Inc. and
`Warner Bros., a division of Time Warner Entertainment Co., by introducing the
`copyright registration and renewal certificates bearing those predecessor entities’
`names. Copyright registration certificates constitute prima facie evidence of the
`facts stated therein, including ownership by the claimant identified on the certificate.
`17 U.S.C. § 410(c); Rohauer v. Friedman, 306 F.2d 933, 935 (9th Cir. 1962); 3
`Nimmer on Copyright § 12.11[C].
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`Case 2:16-cv-04109-AB-PLA Document 487 Filed 06/18/19 Page 8 of 9 Page ID #:14818
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`21. The March 31, 2003 Copyright Assignment Agreements between Time
`Warner Entertainment Company, L.P. and Warner Communications, Inc.; and
`between Warner Communications, Inc. to Warner Bros. Entertainment Inc.
`transferred “the entire copyright and all rights under copyright” (TX 1867, 1868),
`evincing an intent to transfer the entire copyright. See Rohauer, 306 F.2d at 935.
`22. Warner Bros. Entertainment Inc. was not required to produce the
`Intellectual Property Agreement to establish a prima facie case of ownership of the
`WBEI Works. Once Plaintiff established the chain of title between Time Warner
`Entertainment Company, L.P. and Plaintiff Warner Bros. Entertainment Inc. by
`submitting the Copyright Assignment Agreements, the burden shifted to VidAngel
`to establish the invalidity of Plaintiff’s title. 3 Nimmer on Copyright § 12.11[C].
`VidAngel submitted no evidence of invalidity and therefore failed to satisfy its
`burden.
`23. Plaintiff Turner Entertainment Co. claims ownership of 23 works
`identified by title at Paragraphs 8, 10, 12, & 14 above (“Turner Works”).
`24. Ownership of the Turner Works transferred when (1) MGM/UA
`Entertainment Co. changed its name to MGM Entertainment Co. on March 25,
`1986; and (2) when MGM Entertainment Co. merged into TBS Entertainment Co.
`on August 4, 1986. See Lone Ranger Television, Inc. v. Program Radio Corp., 740
`F.2d 718, 721 (9th Cir. 1984).
`25. Once Plaintiff Turner Entertainment Co. established the chain of title
`between MGM/UA Entertainment Co. and Plaintiff Turner Entertainment Co., the
`burden shifted to VidAngel to establish the invalidity of Plaintiff’s title. 3 Nimmer
`on Copyright § 12.11[C]. VidAngel submitted no evidence of invalidity, and
`therefore failed to satisfy its burden.
`26. The Court rejects VidAngel’s argument that copyright registration
`certificates and chain of title documentation produced after the deadline for initial
`disclosures are inadmissible. As the Court already held, all titles revealed through
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`Case 2:16-cv-04109-AB-PLA Document 487 Filed 06/18/19 Page 9 of 9 Page ID #:14819
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`discovery are in issue, and VidAngel has identified no prejudice in allowing the case
`to proceed as to all such titles. (Dkt. 361.)
`27. Plaintiff Warner Bros. Entertainment Inc. is the owner of the 79 WBEI
`Works.
`28. Plaintiff Turner Entertainment Co. is the owner of the 23 Turner
`Works.
`
`CONCLUSION
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`Based on the foregoing, this Court ORDERS that Plaintiffs may claim
`statutory damages for the 102 works discussed above, in addition to the works
`whose ownership the parties have already stipulated and are shown on Appendices
`A1, B1, C1, D1, E1, and F1 to the parties’ Proposed Final Pretrial Conference
`Order.
`
`DATED this 18th day of June, 2019.
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`By:
`HON. ANDRÉ BIROTTE JR.
`U.S. District Court
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