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Financier Got Bona Fide Right To Screenplay Copyright
The U.S. District Court for the Southern District of New York decided that an investor obtained the copyright to a film screenplay, even if the finance advisor for the production company in which the screenplay author had an equity interest fraudulently induced the author to assign the copyright to the production company. McDonald v. Brown, 12 Civ. 7109.
Christian McDonald wrote the screenplay Remnants and co-formed Res Ipsa Loquitur Productions to produce an independent film. Barry Jay Weiss was hired to arrange the film financing. Res Ipsa then joined with Cine Globe Productions to form Remnant Productions LLC. Meanwhile, McDonald assigned his screenplay copyright to Res Ipsa, then to Remnant Productions. McDonald claimed Reiss promised that the author would serve as the film's director and retain the screenplay copyright until his film directing and writing services were fulfilled. Thomas V. Conigliaro was among those who provided the financing for the Remnants film project.
However, a different director was hired to complete the movie. In addition, a dispute arose between Conigliaro and the Remnant parties. Conigliaro filed suit (though not against McDonald) alleging misrepresentation and breach of fiduciary obligation. That case was settled in 2011 with the assets of Remnant Productions, including the screenplay copyright, transferred to Conigliaro. McDonald later filed his own suit, including against Barry Jay Reiss (though McDonald and Reiss settled) and for copyright infringement, including against Conigliaro.
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