Nobile v. Watts

289 F. Supp. 3d 527
CourtDistrict Court, S.D. Illinois
DecidedOctober 16, 2017
Docket17–cv–597 (KBF)
StatusPublished
Cited by3 cases

This text of 289 F. Supp. 3d 527 (Nobile v. Watts) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nobile v. Watts, 289 F. Supp. 3d 527 (S.D. Ill. 2017).

Opinion

KATHERINE B. FORREST, United States District Judge

Plaintiff Joseph Nobile is the author and copyright owner of a screenplay, alternately titled The Rootcutter and A Tale of Two Humans (the "Screenplay"), registered with the Copyright Office in 2004 and never produced as a film. Defendant Margot Louise Watts, who writes under the pseudonym M.L. Stedman, is the author of The Light between Oceans (the "Novel"), a best-selling novel published by defendant Simon & Schuster, Inc. ("Simon & Schuster") and turned into a major motion picture (the "Film") by defendant DreamWorks II Development Company ("DreamWorks"), and distributed by the American Broadcasting Company, Inc. ("ABC").1 Defendant Storyteller Holding Co., LLC ("Storyteller"), doing business as Amblin Partners ("Amblin") is the successor-in-interest to DreamWorks.

*530On January 26, 2017, plaintiff filed suit, claiming copyright infringement under 17 U.S.C. § 101 et seq., for both the Novel and the Film, and seeking actual damages, statutory damages, and attorneys' fees. He claims that Watts copied substantially from his unpublished screenplay in creating the Novel. His claims against DreamWorks, et al., are purely derivative as to his claims against Watts, as the Film is directly based on the Novel.

On March 28, 2017, Watts and Simon & Schuster (the "Novel defendants") filed a Motion to Dismiss for failure to state a claim. (ECF No. 39.) On March 29, 2017, DreamWorks, Storyteller, and ABC (the "Film defendants") filed a Motion to Dismiss, also for failure to state a claim. (ECF No. 42.) This matter was transferred to the undersigned on September 11, 2017. Upon review of the motions, the Screenplay, the Novel, and the Film, the Court has found that, as a matter of law, the Novel and Film are not "substantially similar" to the Screenplay. Therefore, the Court GRANTS both motions.

I. FACTUAL BACKGROUND

The factual allegations discussed below are drawn from the plaintiff's complaint (ECF No. 1) and assumed true for the purposes of this decision.

A. The Screenwriter, Novelist, and Film Company

Plaintiff alleges that defendant Watts gained access to the screenplay through the combination of two events. First, in 2004, plaintiff, an aspiring screenwriter, sent his copyrighted Screenplay to several agents and film production companies, including Miramax Films ("Miramax") and Working Title Films ("Working Title"). (Complaint "Compl." ¶ 15.) At that time, defendant Watts was an intellectual property lawyer for Diageo PLC. (Id. ¶ 16.) In 2006, defendant Watts returned to school to study Creative Writing at Birkbeck College, where one of her instructors was Jeremy Sheldon. (Id. ¶ 17.) Sheldon had previously worked as a screenwriter for both Miramax and Working Title.2 (Id. ¶ 18.)

In 2012, Simon & Schuster published "The Light between Oceans," Nobile's debut novel. (Id. ¶ 20.) The novel sold over 23 million copies and remained on the New York Times bestseller list for more than two years. (Id. )

In 2013, Grasshill Communications, Ltd. ("Grasshill"), a corporation formed by Watts that owns the copyright to the Novel, recorded a short-form option agreement with the U.S. Copyright Office, giving DreamWorks the right to make the film. (Id. ¶ 21.)

In 2016, plaintiff became aware of both the Novel and Film for the first time, when his cousin informed his about the trailer for the upcoming Film. (Id. ¶ 26.)

Since a determination of substantial similarity requires a "detailed examination of the works themselves" the Court will summarize the works at issue. Walker v. Time Life Films, Inc., 784 F.2d 44, 49 (2d Cir. 1986).

B. The Screenplay

Plaintiff's unproduced Screenplay was originally titled "The Rootcutter." (Compl. ¶ 2.) Set on one of the Aran Islands off the western coast of Ireland "sometime after the turn of the century," its main characters are a root cutter, Liam, trying to *531make a living on the barren islands, and his wife, Caitlin, a pious and superstitious woman. (ECF No. 41, Declaration in Support of Motion to Dismiss ("Decl. in Supp."), Ex. B, at 1.) The couple is barren; the Screenplay opens with Liam digging a grave for the couple's third stillborn child upon a rocky hill. (Id. )

The Screenplay then flashes back to the traumatic and violent stillborn birth, including Caitlin, bereft, begging to hold the baby, and a midwife warning her not to get pregnant again, for fear Caitlin would not survive another such birth. (Id. at 1-6.) The couple fears they are cursed; they approach a local doctor who similarly warns them not to take any more chances with pregnancy. (Id. at 6, 12-15.) Nevertheless, Caitlin, determined to give birth, continues to beg Liam to make her pregnant. (Id. at 22.)

The Screenplay's turning point comes when a wooden sailboat appears at the shore carrying a "mysterious pregnant woman" laboring to deliver a baby. (Id. at 40.) The woman begs Liam to assist her in delivering her baby, who is breach; Liam does so, severing the umbilical cord with his teeth. (Id. at 40-43.) She dies seconds after her baby is born. (Id. at 42.)

Liam brings the baby home to Caitlin; only then does his plan take shape. (Id. at 43-47.) He will bury the mysterious pregnant woman on the island and they will keep the baby for their own child. (Id. at 47-49.) Caitlin protests, but eventually acquiesces and the couple proceeds to spin a yarn about how their own stillborn child began breathing shortly after the midwife departed. (Id. at 48-52.) The baby is subsequently heralded as miraculous across the small village. (Id. at 52, 62-65.)

Only days later, the villagers discover the corpse of the mysterious woman. (Id. at 68.) Rather than coming clean, Liam-again over Caitlin's protests-decides their only escape is to leave the island, and so the threesome set out in the dead of night for the mainland. (Id. at 71-72). They drift through the night, only to find themselves back on the other side of their own island the next day. (Id. at 72-79.) Caitlin resolves to return the baby, but Liam convinces her to seek shelter and advice from a local monastery. (Id. at 84-85.) The monks assuage Caitlin's conscience, and she decides to keep the baby, believing God will not punish her after all. (Id. at 85-87.)

In the final scenes of the Screenplay, Caitlin and Liam wait for another boat to take them to the Mainland, but an unexpected storm arises. (Id. at 87-91.) In their struggle to escape the rain and the tidal waves, the couple begins to climb the steep hill to the monastery in treacherous conditions. (Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Oppenheim v. Goldberg
S.D. New York, 2024
Amanze v. Adeyemi
S.D. New York, 2019

Cite This Page — Counsel Stack

Bluebook (online)
289 F. Supp. 3d 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nobile-v-watts-ilsd-2017.