(1941) Tags: RKO
Lundberg v. Welles
Welles v. Academy of Motion Picture Arts and Sciences
Welles v. Turner Entertainment Co.
Lundberg v. Welles
Plaintiff here seeks damages from defendants in the sum of $250,000 for the latters’ alleged infringement of the former’s copyright of the book entitled “Imperial Hearst” in the production and distribution of a motion picture that was called “Citizen Kane”.
Welles v. Academy of Motion Picture Arts and Sciences
The plaintiff Beatrice Welles is the daughter of George Orson Welles, professionally known as Orson Welles. In 1942, the defendant Academy of Motion Picture Arts and Sciences awarded Orson Welles an Academy Award for Best Original Screenplay for the 1941 film Citizen Kane. After Orson Welles died, the right of ownership to the original Oscar passed to his wife, Paola Mori Welles. After Mrs. Welles died, the right of ownership to the original Oscar passed to her daughter, the plaintiff in the current action.
In 1988, Welles requested a duplicate Oscar from the Academy, stating in a letter to the defendant that her father “lost [the original Oscar] and others many years ago through his extensive travelling . . . .” The Academy provided her with a duplicate.
In 1994, Welles discovered the whereabouts of the original Oscar and successfully obtained a judgment declaring her the rightful owner. In 2003, Welles decided that she wanted to sell the original Oscar through public auction at Christie, Manson & Woods International. In June 2003, Christie’s corresponded with attorneys for the Academy. The Academy informed Christie’s that it would object to the sale of the original Oscar. Christie’s responded that it would withdraw the original Oscar from auction pending the resolution of the dispute between the plaintiff and the defendant.
On June 16, 2003, Welles filed a complaint against the Academy seeking rescission and a judicial declaration as to the parties’ rights and obligations under the receipt. On July 7, 2003, the defendant filed its answer and counterclaim against the plaintiff, alleging breach of contract, declaratory relief, and breach of equitable servitude.
Judgment: In light of the foregoing considerations, the Court
(1) grants summary judgment to Welles on her claim for declaratory judgment,
(2) denies summary judgment to Welles on her claim for rescission,
(3) grants summary judgment to Welles on the Academy’s counterclaims, and
(4) denies summary judgment to the Academy on its counterclaims.
Welles v. Turner Entertainment Co.
Beatrice Welles, the daughter of screenwriter, filmmaker, and actor Orson Welles, filed suit against Turner Entertainment Co., Entertainment Acquisition Co., and other persons not parties to this appeal, seeking a declaratory judgment that Beatrice Welles owns the copyright and home video rights to the motion picture Citizen Kane and seeking an accounting of the royalties she alleges she is owed from the profits of the motion picture.