Here's What Happened:
Bucky Woodall wrote a screenplay titled "Bucky the Wave Warrior". It was about a modern day teenager who wants to learn about the ocean and surfing. Bucky gave the script to his sister-in-law's stepsister who worked for Disney Company in the live action division. The stepsister inquired if Disney accepted unsolicited scripts and was told no. So the stepsister threw the script away.
When Disney Company released the extremely popular animated film, Moana, Bucky was convinced that Disney had stolen his work. So he sued Disney.
All but one of the counts in the complaint were dismissed due to the 3 year statute of limitations. One count, which was based on the streaming release of the film, survived.
At trial, Bucky couldn't prove two essential elements of copyright infringement: (1) Disney's access to his original work; and (2) that Moana copied Bucky the Wave Warrior.
On the access issue, Disney proved that no one involved with Moana saw the Bucky script.
On the copying issue, Disney's attorneys pointed out how different the two treatments were.
Bucky is white; Moana is Oceanian. Bucky is from the mainland U.S.; Moana is indigenous to the fictional island of Motunui. Bucky lives in the modern day; Moana lives millennia in the past. Bucky is an ordinary teen; Moana is the future chief of her people. Bucky wants to learn to surf, while Moana wants to continue her people's proud history as the greatest ocean voyagers the world has ever known.
Bucky argued that the projects involve teenagers who defy their parental orders to set off on a dangerous voyage and save a Polynesian island. He alleged other similarities as well, such as the inclusion of navigation by stars, a demigod with tattoos and survival of a storm at sea. However, these are broad elements of sea adventures and Polynesian culture.
After a two week trial, the jury only took three hours to come back with a verdict in Disney's favor.
Bucky is tenacious, if nothing else. Earlier this year, Bucky brought another lawsuit based on Moana 2.
WHY YOU SHOULD KNOW THIS: There are two lessons to be learned from this case. First, all movie studios and production companies refuse to accept unsolicited submissions. Second, standard story elements or "Scènes à Faire" are not the basis for copyright infringement.
Cited Authority_:_ _ Buck G. Woodall v. The Walt Disney Co._ 2:2020cv03772 (Cen.Dist. Calif.).
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