(2017) Tags: Netflix
QUARLES v. NETFLIX, INC.
This case arises from the Defendant’s alleged unlawful use and copying of Plaintiff’s original literary creation. Plaintiff spent almost 20 years writing The Burning Sands, which included two volumes: Volume l: “My Brother’s Keeper”; and Volume II: “Hell 2 Pay.”
The Book is a coming-of-age story about the experiences of 6 young men pledging a fraternity at a rural historically black college. Volume 1 Was published in December 2014.
The Defendants allegedly copied unique portions of the Book in order to create the Netflix Original film, “Burning Sands.” The Film was released in 2017 and, like the Book, was a coming-of-age story about the experiences of 6 young men pledging a fraternity at a rural historically black college.
ln addition to the identical title and setting, the Book and the Film contain elements that are virtually identical, including characters with the same names and plot-points crafted to convey identical meanings and representations.
Judgment: Dismissed without prejudice.