IP Law Daily, COPYRIGHT—N.D. Ga.: Producer didn't show documentary similarities were copyright infringement, (Aug 13, 2024)

By Steven Melendez

Amy Bolton-Curley's copyright case against Scripps Networks over an alleged copycat documentary was dismissed by a federal court.

An Atlanta federal judge dismissed film producer Amy Bolton-Curley's copyright infringement claim against Scripps Networks, saying she failed to show a film from the broadcaster was legally "substantially similar" to her own work (Bolton-Curley v. Scripps Networks, LLC, No. 1:23-cv-05931-JPB (N.D. Ga. Aug. 8, 2024)).

Bolton-Curley alleged that she had in 2018 sought to license her documentary film The Unassuming Activist, Xernona Clayton: A Life to Remember to Scripps Networks to show on its Bounce TV network, and shared the film with the company, but two sides never struck a deal. Roughly four years later, Scripps Networks made its own documentary about Xernona Clayton, a civil rights activist and broadcasting executive, titled Xernona Clayton: Life in Black and White.

She alleged the two films were "substantially similar," since they had "identical interviews with the same individuals," similarly ran in chronological order, used voiceover narration along with photos and video clips, and "were shot in the same style with the same camera angles.” Bolton-Curley also brought state law claims against Scripps Networks over a deal that allegedly fell through for her to produce the 2024 Trumpet Awards.

The court found that she failed to prove the documentaries were "substantially similar" under copyright law, dismissing the copyright claim. The court found that similar—but not identical—interviews were a product of telling a story of Clayton's life, which entailed interviewing people close to her. "Because both films are documentaries, the Court would expect them to contain interviews with people who played a significant role in Clayton’s life," according to the ruling. "In short, the Court concludes that this purported similarity, which is common to all documentaries, is unprotectable and not copyrightable."

Additionally, the court ruled, telling the story in chronological order isn't protected by copyright law. Nor is the use of voiceover along with photos and video clips, a common element of documentary filmmaking. And, the curt ruled after watching both films, there was nothing apparent about the camera angles and techniques that is protected by copyright.

"After reviewing the films, the Court fails to see anything unusual about the orientation of the camera angles," according to the ruling. "As such, the Court finds that the style and camera angles used in The Unassuming Activist is not original to Plaintiffs’ work."

State law claims. After dismissing the copyright infringement claim—the only federal law claim in the case—the court dismissed the state law claims without prejudice. That allows Bolton-Curley to refile her claims if so desired in state court, which precedent holds is a better place for adjudicating matters of state law.

The Case is No. 1:23-cv-05931-JPB.

Judge: Boulee, J.

Attorneys: Alan Stuckey Clarke (Greenspoon Marder LLP) for Amy Bolton-Curley. Jacquelyn Nicole Schell (Ballard Spahr LLP) for Bounce Media, LLC.

Companies: Bounce Media, LLC

Cases: Copyright GeorgiaNews