Corwin v. Walt Disney Co.

468 F.3d 1329, 80 U.S.P.Q. 2d (BNA) 1597, 71 Fed. R. Serv. 828, 2006 U.S. App. LEXIS 27148
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 2, 2006
DocketNos. 04-16554, 05-12869
StatusPublished
Cited by6 cases

This text of 468 F.3d 1329 (Corwin v. Walt Disney Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corwin v. Walt Disney Co., 468 F.3d 1329, 80 U.S.P.Q. 2d (BNA) 1597, 71 Fed. R. Serv. 828, 2006 U.S. App. LEXIS 27148 (11th Cir. 2006).

Opinion

BIRCH, Circuit Judge:

Plaintiff-appellant, Orrin Monroe Cor-win, appeals (1) a 12 November 2004 order disposing of several evidentiary issues and granting summary judgment in favor of defendant-appellee, Walt Disney World Company (‘WorldCo” or “Disney” for its precursor); (2) a 28 April 2005 order denying Corwin’s motion for clarification and reconsideration; and (3) a 9 May 2005 order adopting the report and recommendation of the United States magistrate judge awarding taxable costs to WorldCo. Since we find that Corwin has failed to raise a genuine issue of material fact as to either WorldCo’s access to Mark Water’s rendering of a theme park concept entitled “Miniature Worlds” or as to striking similarity between that rendering and EPCOT (Experimental Prototype City of Tomorrow), we AFFIRM as to summary judgment and the motion to reconsider. Because the district court awarded costs that it lacked discretion to award, we VACATE the order on costs, and REMAND for proceedings consistent with this opinion.

I. BACKGROUND

This appeal arises out of a copyright infringement suit filed by Corwin against WorldCo.1 Corwin is the former neighbor of Mark Waters II and the sole heir to his estate. Corwin asserts that Waters, while living in Hawaii in the 1960s, painted a rendering of a concept for an international theme park in miniature (“Miniature Worlds Painting” or “Painting”). Waters allegedly did so at the request of Robert Jaffray, who had conceived of the idea after viewing miniature villages elsewhere, particularly in Britain. Jaffray’s concept entailed cities, villages, and landscapes representing nineteen nations from six [1334]*1334continents. It included animals, buildings, landscaping, and human figures carved from wood. For each nation represented, the model had representations of places of particular historical or geographical interest including recognizable structures such as the Roman Coliseum or London’s Big Ben. Everything was to be in miniature. Shortly after the Painting was completed, the Jaffrays left Hawaii. Jaffray did not keep in touch with Waters.

Corwin asserts that Jaffray attempted to take his theme park concept to Walt Disney in the 1960s, and that he took the Painting and a presentation of the concept to a meeting with a Disney representative in 1962 or 1963, but later received a rejection letter. WorldCo denies such a meeting occurred.

Corwin alleges that EPCOT, which was opened by WorldCo in 1982, was copied from Waters’s illustration of Jaffray’s concept. He particularly notes a similarity between the Painting and a 1981 Hall/Scifo rendering of EPCOT. Waters allegedly painted the Miniature Worlds Painting as a freelance artist and retained his ownership of the copyright interest. Corwin, who only recently found out about his inherited interest in the Painting and the claim, registered the copyright in 2002 and sued WorldCo for copyright infringement shortly thereafter. Specifically, he alleges that WorldCo infringed upon his exclusive rights to reproduce the Painting, to prepare derivative works of the Painting, to distribute copies of the Painting, to display the Painting, and to attribution of the Painting pursuant to 17 U.S.C. §§ 106(1), (2), (3), and (5), 106A(a)(l)(A), and 113.

A. Access Evidence

In support of his assertions regarding Disney’s access to the Painting, Corwin has produced the testimony of Waters’s former wife, Jaffray’s widow, and Jaffray’s daughters. He also has produced two letters and two notes.

Waters’s former wife, Ellen Pauline Waters, denied any knowledge of the Miniature Worlds Painting in particular prior to having seen a story about it in a Toledo, Ohio newspaper in 2000. R15-171 at 14-16, 20. She said that Waters had not discussed the Jaffrays in detail but that he had told her that he was doing work for Jaffray. Id. at 18, 25. She also reported that Waters had talked to her about the Miniature Worlds project, which she understood was to be located outside Washington, D.C. Id. at 15.

Marian Jaffray, Jaffray’s widow, testified that she believed Jaffray had met with a representative of Disney in 1962 or 1963. R15-173 at 24. She also testified that Jaffray ultimately received a rejection letter. Id. at 35-36. Marian Jaffray was not at the alleged meeting and conceded that she did not know what Jaffray had taken with him to that meeting but “just assumed” that he took the “total picture of his plans.” Id. at 103-04. She was unable to produce the rejection letter. Id. at 36.

Jaffray’s daughter, Patricia Jaffray Jones, testified that she remembered picking her father up at a train station after an alleged meeting with Disney. R12-165 at 35-36. She speculated that Disney did not return the materials Jaffray had used in his presentation at the alleged meeting until a couple of months thereafter. Id. at 137-38. She could not personally confirm the presence of the Painting among these materials, however,nor did she attend the alleged meeting herself. Id. at 108, 112. Jones also testified that, when her father viewed a depiction of EPCOT sent to him by mail in 1980, she heard him say, “Oh, [1335]*1335my god, they built it .... I left everything with them .... They must have photographed and copied everything. No wonder they kept it for a month.” R12-165 at 140. Jones testified that in connection with this statement, Jaffray specifically mentioned blueprints, his site map, and “the drawings.” Id.

As for the documentary evidence, the first letter, dated 10 May 1963, is from Jaffray to Joseph P. Reddy, Director of Public Relations at Disney. In the letter, which apparently renews an already rebuffed offer to bring his idea to Disney, Jaffray expresses his understanding that Walt Disney “has his hands completely full and cannot consider new projects at this time.” R17-198, Exh. 4. A 27 May note from Reddy to William Cottrell, one of Disney’s upper level executives, inquires, “Is there anything we can do on this?” Id., Exh. 5. It is unclear from the record, however, to what the note refers. Finally, a letter dated 6 June 1963 from Reddy to Jaffray states that Disney is “only designing the Exhibits” for the World’s Fair and that “Ford and General Electric let the contracts for manufacturing the miniatures and the actual buildings.” Id., Exh. 6. Reddy informed Jaffray that the “new projects for Disneyland are already in work for the next few years” and concluded the letter by expressing regret that he could be of “no more help to [Jaffray].” Id.

The final note comes from the period of time during which WorldCo was developing EPCOT. Martin Sklar, one of the leaders of the EPCOT design team, apparently during a meeting, drew an arrow on a piece of paper. The arrow runs from left to right and to the left of it is written “Miniature World” and “Micro Miniature World.” Id., Exh. 7. To the right of the arrow is written “Cat = ‘Route to the Future.’ ” Id. At the top of the same page is another set of notes referring again to “the Cat” as well as to “ ‘Our Town’ Narrator” and “Rabbit.” Id. Sklar testified that he does not remember what he was thinking about when he made these notes. Id., Exh. 14 at 176.

B. Expert Witnesses

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468 F.3d 1329, 80 U.S.P.Q. 2d (BNA) 1597, 71 Fed. R. Serv. 828, 2006 U.S. App. LEXIS 27148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corwin-v-walt-disney-co-ca11-2006.