Cite as 621 F.Supp. 637 (D.C.S.D. 1985)
CONCLUSION
All claims of copyright infringement based on the original Italian-language version of the Film are dismissed. Summary judgment, however, is denied with respect to any claims of infringement concerning derivative versions of the original Italian-language version of the Film made by the parties, if, indeed, such claims are being asserted.[1]
IT IS SO ORDERED.
Shirley Lee BORDEAUX, Individually and as Special Administratrix of the Estate of Clara Hudson, No. 3196, Deceased
v.
Mary Ann HUNT, Estate of Lyle T. Hunt; Alvina Woockmann; the United States of America; Honorable James Watt, as United States Secretary of the Interior; Ken Smith, as Assistant Secretary of the Interior for Indian Affairs, Defendants.
Civ. No. 82-3081.
United States District Court,
D. South Dakota, C.D.
Nov. 14, 1985.
- ↑ By written Order, dated June 21, 1985 and filed on June 26, 1985, the Court “determined that there exist triable issues of fact with respect to the parties’ competing claims … with respect to certain derivative works,” and directed the parties to file a Pre-Trial Order on or before July 29, 1985, and to be prepared to proceed to trial of the derivative-work claims on August 1, 1985. Upon counsel’s representations that the parties had settled any remaining disputes, the Court filed an Order of Discontinuance on July 29, 1985, with leave for either party to restore the case to the active trial calendar within ninety days. By Order dated October 28 and filed October 30, 1985, the Court directed “that upon the subjoined consent of the attorneys [dated October 22, 1985] … the requirements of the parties to file a Stipulation of Discontinuance and exchange releases is hereby extended to December 23, 1985.”
derivative work, and thus is not an independent translation of the original work. See 1 M. Nimmer, supra, § 3.04, at 3-16 (copyright in a derivative work merely protects against copying the original material added in the derivative work). Indeed, there has been no showing that a dubbed version of the Film even exists. Plaintiffs dispute the existence of a dubbed version of the Film, contending that they only distribute an English-subtitled version. See Plaintiffs’ Reply Memo at 8–9.
Moreover, the catalogue advertising the Film submitted to the Court as an exhibit indicates only a subtitled version of the Film. See Exhibit M to Defendants’ Notice of Motion. No evidence of a dubbed, English-language version of the film has ever been presented to this Court. In view of the rather uncertain posture of these claims, they cannot be properly disposed of by summary judgment on the papers presently submitted to the Court.
