"Disney faced a copyright lawsuit over the use of MOVA facial-capture software in Beauty and the Beast. A jury found Disney vicariously liable, the district court threw out the verdict, but the Ninth Circuit has now reinstated it."
"The facts behind Disney's use of VFX vendor DD3 and the disputed MOVA software. Why the district court found no "practical ability" for Disney to control its vendor. How the Ninth Circuit reversed, emphasizing Disney's contractual rights, on-set presence, and red-flag evidence. What this means for studios and production companies managing VFX vendors."
Disney engaged VFX vendor DD3 and used MOVA facial-capture software during production of Beauty and the Beast. A jury found Disney vicariously liable for copyright infringement, and the district court subsequently set aside that verdict. The Ninth Circuit reinstated the jury verdict, citing Disney's contractual rights to supervise DD3, Disney personnel presence on set, and red-flag indicators of unauthorized MOVA use. The Ninth Circuit weighed contractual authority and oversight evidence as demonstrating practical ability to control vendor conduct. The ruling increases liability risk for studios and emphasizes careful contract drafting and active vendor oversight.
Read at The IP Law Blog
Unable to calculate read time
Collection
[
|
...
]