(2015) Tags: Pixar
Denise Daniels and The Moodsters Company v. The Walt Disney Company, et al
Pourshian v. The Walt Disney Company
Carla Jo Masterson v. The Walt Disney Company
Denise Daniels and The Moodsters Company v. The Walt Disney Company, et al
Plaintiff conceived of—and developed—a children’s program called The Moodsters. The Moodsters live “deep down inside every child,” and featured five main characters. Each character is an animated, anthropomorphized figure representing a single emotion with a corresponding color, and specifically happiness (yellow), anger (red), sadness (blue), fear (green), and love (pink). Plaintiff alleges Disney/Pixar’s film Inside Out infringed on Plaintiff’s Moodsters copyright.
Judgment: Plaintiff’s case is Dismissed. There is no dispute that the 2005 Moodsters Bible and the 2007 pilot television episode are protected by copyright. But Daniels cannot succeed on her copyright claim for The Moodsters characters, which are “lightly sketched” and neither sufficiently delineated nor representative of the story being told. Daniels also fails to allege sufficient facts to maintain an implied-in-fact contract claim against Disney under California law.
Pourshian v. The Walt Disney Company
Plaintiff Damon Pourshian alleges that in 1998, while in high school, he conceived the idea of a film in which five of the protagonist’s organs, Heart, Stomach, Colon, Bladder and Brain, become personified characters that guide his behaviour. In 2000, while a student at the Faculty of Film and Television at Sheridan College in Oakville, Ontario, he wrote a screenplay and oversaw the production of a 14 minute film called Inside Out based on his idea. This film was shown widely at the College including at an annual public showcase of student work. In this action, Pourshian claims damages from the defendants on the basis that they have infringed his copyright in his film Inside Out.
Carla Jo Masterson v. The Walt Disney Company
Plaintiff alleges that the animated movie “Inside Out” and its characters are substantially similar to original and protected elements of Carla J. Masterson’s copyrighted works “What’s On the Other Side of the Rainbow?” and “The Secret of the Golden Mirror.”
Plaintiff seeks Defendants’ profits from the release and sale of the animated movie “Inside Out,” all merchandise based on the story and characters of the animated movie “Inside Out,” and all licensed activities and events based on the story and characters from the animated movie “Inside Out;” statutory damages; attorney’s fees and costs of suit.
Judgment: Plaintiff’s case is Dismissed.