Arthur Lee Alfred II Et. Al. v. The Walt Disney Company Et. Al.

Case 1:17-cv-02729 Document 1 Filed 11/14/17 USDC Colorado Page 1 of 25
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO
Civil Action No. ________
ARTHUR LEE ALFRED II; EZEQUIEL MARTINEZ, JR.; and TOVA LAITER,
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Plaintiffs,
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v.
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THE WALT DISNEY COMPNAY, a Delaware Corporation; DISNEY ENTERPRISES,
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INC., a Delaware Corporation; WALT DISNEY MOTION PICTURES GROUP, INC, a
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California Corporation; DISNEY CONSUMER PRODUCTIONS, INC., a California
Corporation; DISNEY CONSUMER PRODUCTIONS AND INTERACTIVE MEDIA, INC., a
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California Corporation; DISNEY BOOK GROUP, LLC, a Delaware Limited Liability Company;
DISNEY INTERACTIVE STUDIOS, INC., a California Corporation; DISNEY STORE USA,
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LLC, a Delaware Corporation; WALT DISNEY ATTRACTIONS TECHNOLOGY, LLC, a
Delaware Limited Liability Company; WALT DISNEY THEATRICAL RECORDINGS, a
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California Corporation; WALT DISNEY PARKS AND RESORTS WORLDWIDE, a Florida

Corporation; ABC, INC., a New York Corporation; BUENA VISTA HOME
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ENTERTAINMENT, INC., a California Corporation; BUENA VISTA MEDIA, a California

Corporation; BUENA VISTA PRODUCTIONS; a California Corporation; BUENA VISTA
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THEATRES, INC.; a California Corporation; BUENA VISTA THEATRICAL GROUP LTD.,

New York Corporation; BUENA VISTA VIDEO ON DEMAND, a California Corporation;
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BUENA VISTA BOOKS, INC., a California Corporation; BUENA VISTA CATALOGUE CO.,
a California Corporation; BUENA VISTA NON-THEATRICAL, INC., a California
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Corporation; JOHN and JANE DOES 1-10, inclusive.
Defendants,
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COMPLAINT AND JURY DEMAND

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ARTHUR LEE ALFRED II, EZEQUIEL MARTINEZ, JR., and TOVA LAITER
(Plaintiffs), by and through counsel, Maceau Law files this its Complaint against Defendants,
THE WALT DISNEY COMPANY, a Delaware Corporation; DISNEY ENTERPRISES, INC., a
Delaware Corporation; WALT DISNEY MOTION PICTURES GROUP, INC, a California
Corporation; DISNEY CONSUMER PRODUCTIONS, INC., a California Corporation; DISNEY
CONSUMER PRODUCTIONS AND INTERACTIVE MEDIA, INC., a California Corporation;
DISNEY BOOK GROUP, LLC, a Delaware Limited Liability Company; DISNEY
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INTERACTIVE STUDIOS, INC., a California Corporation; DISNEY STORE USA, LLC, a
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Delaware Corporation; WALT DISNEY ATTRACTIONS TECHNOLOGY, LLC, a Delaware
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Limited Liability Company; WALT DISNEY THEATRICAL RECORDINGS, a California
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Corporation; WALT DISNEY PARKS AND RESORTS WORLDWIDE, a Florida Corporation;
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ABC, INC., a New York Corporation; BUENA VISTA HOME ENTERTAINMENT, INC., a
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California Corporation; BUENA VISTA MEDIA, a California Corporation; BUENA VISTA
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PRODUCTIONS; a California Corporation; BUENA VISTA THEATRES, INC.; a California
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Corporation; BUENA VISTA THEATRICAL GROUP LTD., New York Corporation; BUENA
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VISTA VIDEO ON DEMAND, a California Corporation; BUENA VISTA BOOKS, INC., a

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California Corporation; BUENA VISTA CATALOGUE CO., a California Corporation; BUENA

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VISTA NON-THEATRICAL, INC., a California Corporation; JOHN and JANE DOES 1-10,
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inclusive. (Defendants") and for its claims and causes of action states as follows:
INTRODUCTION
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This case is about The Walt Disney Companys (TWDC) willful infringement of
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Plaintiffs original copyrighted expression of themes, settings, dialogue, characters, plot, mood,
sequence of events contained in an original spec screenplay entitled Pirates of the Caribbean
and The Walt Disney Companys creation of a Pirates of the Caribbean franchise to include
films, video games, theme park attractions, merchandising, casino games, literature and other
related items.
JURISDICTION AND VENUE
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1. This Court has original subject matter jurisdiction over this action and the claims
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asserted herein, pursuant to 28. U.S.C. 1331 (federal question jurisdiction) and 1338(a)
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(actions arising under any Act of Congress relating to copyright claims), in that this action arises
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under the laws of the United States and, more specifically, Acts of Congress relating to copyrights.
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The matter in controversy exceeds, exclusive of interest and costs, the sum specified by 28 U.S.C.
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1332.
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2. Defendants are subject to personal jurisdiction of the Court because they reside
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and/or conduct business in the State of Colorado.

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3. Venue is properly laid in this district pursuant to 28 U.S. C. 1400(a) and (b). This
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Court is a proper venue for this copyright infringement case because (a) the agent for Plaintiffs
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may be found in the State of Colorado and/or (b) each Defendant does business in the State of
Colorado, or has otherwise engaged in tortious conduct injuring the Plaintiff in the State of
Colorado.
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THE PARTIES
4. This litigation arises from, inter alia, defendants wrongful and unjustified theft of
intellectual property, namely an original spec screenplay entitled: Pirates of the Caribbean
(hereafter known as The Screenplay).
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5. Plaintiff A. Lee Alfred, II is a citizen of the United States and resides in California.
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Plaintiff Ezequiel Martinez, Jr. is a citizen of the United States and resides in California. Plaintiff
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Tova Laiter is a citizen of the United States and resides in California.
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6. On information and belief, defendant The Walt Disney Company (hereinafter
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known as Defendants or TWDC) is incorporated in Delaware, with its principal place of
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business in California, and it is duly qualified to transact business in the state of Colorado.
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7. There are persons and/or entities who or which do or may have liability upon one
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or more of the claims asserted or to be asserted in this action and who or which are identified in
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this Complaint only as John and/or Jane Does and/or Doe Entities, whose true name is unknown.
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Either their identities are not yet known to Plaintiffs or the facts concerning their liability and/or
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their amenability or capacity to be joined as defendants in this case are not yet sufficiently known
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to Plaintiffs to allow their joinder in this pleading. As additional facts concerning such matters are
learned, Plaintiffs will move promptly to amend this Complaint accordingly.

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HISTORY AND LORE OF PIRATES IN

MYTH, LITERATURE, FILM AND SONG
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8. Throughout history there has been the lore and myth of pirates that have pervaded
literature, song and film. With works like, A General History of the Pyrates (1724), by Captain
Charles Johnson. Additionally, there is literature such as Robinson Crusoe, Treasure Island,
Peter Pan, Captain Singleton, The Pirate, The Gold-Bug, The Coral Island, The Red
Rover, among many others.
9. These traditional expressions of pirates include looking for treasure, are feared by all
and are not shown to be good men with a sense of humor.
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10. Films have covered swashbuckling pirates, many adaptations from literature, such
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as Treasure Island, Peter Pan, Savage Island, The Buccaneer, The Pirate, The Island,
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Captain Blood, Blackbeard the Pirate, and Yellowbeard, among many others. While the
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majority of these pirates films have a love story/triangle, the pirates themselves are brutal and not
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historically portrayed as humorous and good men.
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11. Pirates are traditionally (and historically) evil, loathsome, feared and enemies of
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mankind. These works typically describe pirates as bearded, eye patched, peg legged with a hook
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in place of their hand.

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12. Pirates have not been expressed as humorous or good men, but as fearsome men
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who terrorize all that are in their path of destruction.

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CAPTAIN JACK AS AN EXPRESSION OF A UNIQUELY NEW PIRATE
13. Pirates in film, while handsome or good looking, have not been depicted as having
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a sense of humor, until Captain Jack Sparrow in the Pirates franchise. This new pirate, who
is funny, not feared, and repeatedly referred to as a good man has not only created a new pirate
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character, but created a Pirates franchise that has been wholly centered on this new pirate character.
This Captain Jack Sparrow character is widely recognizable and consistently differs from the
traditional character of pirates. The Captain Jack Sparrow in character is substantially similar
to the character Davy Jones in The Screenplay. (see Exhibits 1 & 5)
FACTUAL BACKGROUND
14. Every young screenwriter dreams of writing that fresh and creative script
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that can catch the attention of a major film studio. The opportunity to have a major film studio,
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such as Defendants, take a screenwriters original spec screenplay and turn the work into a major
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motion picture is the ultimate dream.
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15. A. Lee Alfred, II and Ezequiel Martinez, Jr. almost realized that dream, but they
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this dream quickly turned into a nightmare, when their original work, The Screenplay, was
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intentionally copied and commercially exploited by Defendants, creating a billion-dollar
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franchise, with no credit or compensation to Alfred or Martinez.
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16. A. Lee Alfred II and Ezequiel Martinez, Jr, through their Producer, Tova Laiter,
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submitted their original screen play Pirates of the Caribbean (The Screenplay) in August 2000
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to Defendants. (see Exhibit 2.)

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17. Both Alfred and Martinez had previously submitted an original spec screenplay
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Red Hood to Defendants in October 1999, through their same producer Tova Laiter.
18. Defendants elected to produce Red Hood and invited both Alfred and Martinez
to work with Brigham Taylor, Josh Harmon, Michael Haynes, (et al) on the development of the
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Red Hood project.

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19. In fact, Defendants paid for Alfred and Martinez to join the Writers Guild, as is
required for all screenwriters at TWDC.
20. Alfred and Martinez began to make several trips monthly to TWDC to work on this
project, without a contract completed and without compensation.
21. These young writers, fresh out of film school, were ecstatic to work with
Defendants and felt as if their dreams were coming true.
22. From October 1999 through October 2000, both Alfred and Martinez worked with
the Defendants creative team on Red Hood.
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23. The contract for the purchase of this screenplay was being reviewed by attorneys
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and without compensation or a properly executed contract, they continued to trust that
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Defendants would compensate them for their original spec screenplay.
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24. While working on the creative team for Red Hood, both Alfred and Martinez
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developed an idea for an original spec screenplay entitled Pirates of the Spanish Main.
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25. Due to their relationship with Defendants at the time, Alfred and Martinez retitled
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the original spec screenplay Pirates of the Caribbean.
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26. This name change was when both writers realized that the ride had no story and
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they began to envision their screenplay incorporating the basic elements of the Pirates of the
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Caribbean ride while creating a new story focused upon a supernatural element.
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27. Alfred and Martinez wrote The Screenplay and the final draft was completed on
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July 19th, 2000. (see Exhibit 2.)
28. Tova Laiter reviewed several drafts of The Screenplay and after July 19th, 2000,
received the final draft entitled Pirates of the Caribbean and began to shop the original spec
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screenplay to several different producers, studios and directors.
Laiter discussed The Screenplay with Brigham Taylor, at TWDC, and upon
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29.
Taylors encouragement and desire to consider The Screenplay submitted The Screenplay to
Taylor on August 9th, 2000.

30. With the original spec screenplay, the writers also submitted a Sizzle Reel (created
by Martinez) and original artwork (created for Alfred and Martinez.)
31. Taylor suggested that the idea of a film based on the Pirates of the Caribbean ride
had been suggested over the years and that the Defendants had considered making a film based on
the Pirates of the Caribbean ride recently.
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However, Taylor, expressly stated to Laiter that the Defendants had no treatment
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or script. (see Exhibit 3.)
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33. After the submission of The Screenplay, Sizzle Reel and original artwork, Laiter,
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Alfred and Martinez waited to hear from Taylor as to whether Defendants would be interested in
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producing The Screenplay.
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34. They heard nothing from Taylor for many weeks. (This was odd because it is the
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industry standard to pass on or accept a project within 1-2 weeks.)
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35. Laiter made numerous phone calls to follow up with Taylor.

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36. Alfred and Martinez also mentioned The Screenplay to Taylor and Harmon,
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when at TWDC to discuss Red Hood.

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37. Specifically, Alfred and Martinez attended a meeting with Taylor and Harmon,
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where upon arriving early, they noticed their script and artwork on a coffee table in Taylors office.
38. After mentioning The Screenplay and asking whether they would be discussing
this project, they were quickly ushered out of the office to wait for Taylor.
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39. When they returned to the office, a short time later, all materials that had been on
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the coffee table had been moved and the meeting ended abruptly.
40. Within a week, both Alfred and Martinez had their contract and compensation for
Red Hood and were not invited back to TWDC.

41. Shortly thereafter, Laiter was informed by Taylor that the Defendants were going
to pass on the project due to children being in The Screenplay. Alfred and Martinez were both
on the phone (listening on silent) when Laiter was informed that Defendants were passing on the
original spec screenplay and passing on the project.
42. At no point during the conversation did the Defendants state that they had another
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screenplay already and were moving forward with a Pirates of the Caribbean film project.
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43. Traditionally, in the film industry, when a studio passes on a project, the original
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works are returned immediately to the submitters. This is an industry accepted standard designed
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to prevent the unintentional copying of any original spec screenplay submitted to the studios.
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At the time that Defendants passed on Alfred and Martinezs original spec
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screenplay, it was not returned.
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45. In fact, The Screenplay was never returned to Laiter or Alfred.
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46. Just over two years later, on November 26th, 2002, The Screenplay was returned
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to Martinez, via U.S.P.S. Priority Mail, with the return address of B. Taylor at TWDC. (see
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Exhibit 4.)
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47. It is highly unusual that Defendants returned the original spec screenplay to
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Martinez and not Laiter, who originally submitted the original spec screenplay as the Producer of
the project.
48. It is also highly unusual to return a script over two years later. At the time, the
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original spec screenplay was returned to Martinez, Defendants were already in production on the
first Pirates of the Caribbean film.

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49. The first Pirates of the Caribbean film, Pirates of the Caribbean: The Curse of
the Black Pearl premiered just over seven months later, on July 9th, 2003.
50. It was upon viewing the first film that Alfred, Martinez and Laiter realized the many
similarities between their original spec screenplay and Pirates of the Caribbean: The Curse of
the Black Pearl.
51. The similarities have continued throughout the entire Pirates of the Caribbean
franchise.
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52. The Defendants intentionally, blatantly, and without authorization copied the work
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of Alfred and Martinez. Themes, settings, plot, several characters, and dialogues from The
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Screenplay, some practically verbatim, have been copied by the Defendants into Pirates of the
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Caribbean: The Curse of the Black Pearl, and in every subsequent sequel, including the 2017
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release of Pirates of the Caribbean: Dead Men Tell No Tales, (2017).
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53. Defendants unauthorized copying and appropriation of The Screenplay is just
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another misappropriation of intellectual property of others in their longstanding history of copying
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others original material. From allegedly Lion King to Toy Story, Monsters, Inc. to Up, and in
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more recent years, Frozen, Inside Out, to Zootopia and many others, Defendants have a long
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history of disregarding Copyright law and making tremendous profit without compensating the
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very individuals that created these original expressions.

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54. Alfred, Martinez and Laiter seek to hold Defendants responsible for their theft of
intellectual property and the unauthorized copying of their original spec screenplay. They also
seek to hold Defendants responsible for their future loss of reputation, income and the emotional
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and physical distress caused by their intentional acts.

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COPYRIGHTABLE ELEMENTS
55. Copyright law was enacted in 1790 under the United States Copyright Law Act
(and further covering Motion Pictures in 1912) for the very purpose of protecting original works
of authorship from any unauthorized copying by individuals or corporations. The law itself was
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most certainly enacted to protect the inexperienced and nave individuals from being taken
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advantage of by those who would benefit from the unauthorized copying of these individuals work.
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56. In Litchfield v. Spielberg, 736 F.2d 1352, 1356 (9th Cir. 1984); the Courts held: To
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prove copyright infringement, the Plaintiff must show (1) ownership of the copyright, (2) access
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to the copyrighted work, and (3) substantial similarity between the copyrighted work and the
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defendant's work.
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57. Ownership of The Screenplay vested on July 19th, 2000, when the Plaintiffs
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affixed their original expression in a tangible medium. 17 U.S.C. 102(a). (see Exhibit 3.)
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58. Defendants had access to the copyrighted work on August 9th, 2000, when Tova
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Laiter sent The Screenplay, original artwork and Sizzle Reel, to Brigham Taylor. (see Exhibit
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2.)
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59. Defendants returned a copy of The Screenplay, via U.S.P.S. Priority Mail, to the
Plaintiff, Ezequiel Martinez, Jr. on November 26th, 2002, therefore; Defendants had access to The
Screenplay, at the very minimum, for the period of August 9th, 2000 until November 26th, 2002.
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(see Exhibits 3&4.)
To prove infringement, a Plaintiff must show that the works are substantially
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60.
similar in both ideas and expression. Sid & Marty Krofft, 562 F.2d at 1164 (9th Cir. 1977).
Similarity of ideas may be shown by an extrinsic test which focuses on alleged similarities in the
objective details of the works. Id. The extrinsic test requires a comparison of plot, theme, dialogue,
mood, setting, pace and sequence. Jason v. Fonda, 698 F.2d 966 (9th Cir. 1982), incorporating by
reference, 526 F. Supp. 774, 777 (C.D.Cal.1981).
DEFINTIONS OF ELEMENTS IN EXTRINSIC TEST
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61. Plot: refers to a series of dramatic events or actions that make up a film's narrative.
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A plot point is a key turning point or moment in a film's story that significantly advances the action.
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Plot points either set the story further into motion, or disrupt and complicate the plot; also known
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as beat or A story; contrast to a subplot (aka B story or C story) - a secondary plot in a film; a plot
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plant is the technique of 'planting' an apparently trivial piece of information early in a story - that
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becomes more important later on;
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62. Theme: the central characteristic, idea, concern or motif in a film;
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63. Dialogue: any spoken lines in a film by an actor/actress. It may be considered

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overlapping if two or more characters speak simultaneously. In film-making, it is recording

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dialogue to match lip movements on previously-recorded film.

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64. Mood: emotional tone; atmosphere or pervading tone;

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65. Setting: the time (time period) and place in which the film's story occurs, including
all of the other additional factors, including climate (season), landscape, people, social structures
and economic factors, customs, moral attitudes, and codes of behavior, also known as locale;
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66. Pace: the speed/tempo of the dramatic action, which is usually enhanced by the
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soundtrack and the speed of the dialogue, the type of editing, etc.;
67. Sequence: a scene, or connected series of related scenes that are edited together
and comprise a single, unified event, setting, or story within a film's narrative; it also refers to
scenes that structurally fit together in the plots; sequence usually refers to a longer segment of film
than a scene and sequences are often grouped into acts (like a three-act play). A sequence shot
refers to a long, normally complicated shot with complex camera movements and actions;
68. To constitute infringement of expression, the total concept and feel of the works
must be substantially similar. Sid & Marty Krofft, 562 F.2d at 1164.
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The Screenplay is substantially similar in total concept and feel of the works of
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69.
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the Pirates franchise through the plot, theme, dialogue, mood, setting, pace, sequence. (Exhibit
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5.)
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70. Characters that have received copyright protection have displayed consistent,
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widely identifiable traits. Rice v. Fox Broadcasting Company, 330 F.3d 1170, 1175 (9th Cir.
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2003). To show that characters are eligible for copyright protection Plaintiffs must show that
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character is sufficiently delineated through showing consistent and widely identifiable traits.
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71. The overall character of The Screenplay and the key characters in The
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Screenplay are delineated and consistent, widely identifiable with several of the character and
characters of the Pirates franchise. (Exhibit 5.)

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FIRST CLAIM FOR RELIEF FOR INFRINGEMENT OF COPYRIGHT

(REPRODUCTION OF COPYRIGHTED WORK)
72. Copyright protection subsists . . . in original works of authorship fixed in any
tangible medium of expression. 17 U.S.C. 102(a).
73. The Screenplay, Sizzle Reel, and original artwork, are original works of
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authorship by the Plaintiffs fixed in a tangible medium of expression on July 19th, 2000.
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74. [T]he owner of copyright under this title has the exclusive rights to do and to
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authorize . . . [the] reproduc[tion] the copyrighted work in copies or phonorecords. 17 U.S.C.
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106(1).
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Plaintiffs' exclusive rights to The Screenplay, Sizzle Reel, and original artwork
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extend to the themes, settings, dialogue, characters, plot, pace, sequence of events, and mood
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expressed in The Screenplay, Sizzle Reel, and original artwork.
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76. Plaintiffs, have the right and standing to enforce their exclusive rights to The
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Screenplay, Sizzle Reel, and original artwork and its copyrightable elements.
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47. Plaintiffs have duly complied with all the provisions of the copyright laws of the
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United States related to their original works of authorship. The Plaintiffs registered their original
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works of authorship with the U.S. Copyright Office on October 3rd, 2017.
48. Defendants had access to The Screenplay, Sizzle Reel, and original artwork.
49. Defendants have willfully, for commercial exploitation, and without permission of
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the Plaintiffs, reproduced the themes, settings, dialogue, characters, plot, pace, sequence of
events, and mood expressed in The Screenplay, Sizzle Reel, and original artwork by producing
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and distributing the various works that comprise the Pirates of the Caribbean franchise.
50. Specifically, Defendants prepared reproductions of the Plaintiffs original works of

authorship, with the following works: The Pirates of the Caribbean: The Curse of the Black
Pearl (2003); Pirates of the Caribbean: Dead Mans Chest (2006); Pirates of the Caribbean:
At Worlds End (2007); Pirates of the Caribbean: On Stranger Tides (2011); and Pirates of
the Caribbean: Dead Men Tell No Tales (2017).
51. Anyone who violates any of the exclusive rights of the copyright owner . . . is an
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infringer of the copyright or right of the author, as the case may be. 17 U.S.C. 501(a).
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52. Defendants infringement was and continues to be intentional, deliberate, willful,
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malicious, and in blatant disregard of Plaintiffs exclusive rights. Defendants are currently
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preparing reproductions of Plaintiffs original works of authorship. Defendants never obtained a
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license from Plaintiffs to prepare reproductions of Plaintiffs original works of authorship.
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Defendants are violating Plaintiffs exclusive rights to reproduce Plaintiffs original works of
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authorship and are willfully infringing on Plaintiffs copyright. Pursuant to 17 U.S.C. 501(b),
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Plaintiffs are instituting an action for willful infringement by Defendants.

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53. Defendants infringing conduct has caused Plaintiff to suffer damages and harm,
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including but not limited to, lost derivative market exploitation opportunity, lost revenues and
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profits, loss of creative attribution, loss of integrity, lost market share and other damages. The
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exact nature and extent of said damages will be proven at trial and exceeds the minimum
jurisdictional requirements of this Court.
54. Accordingly, Plaintiffs are entitled to an award against Defendants for the recovery
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of Defendants profits, Plaintiffs actual damages and punitive damages, pursuant to 17 U.S.C.
504.
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SECOND CLAIM FOR RELIEF FOR INFRINGEMENT OF COPYRIGHT

(PREPARATION OF DERIVATIVE WORKS)
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authorize . . . [the] prepar[ation] of derivative works based upon the copyrighted work. 17 U.S.C.
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106(2).
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Plaintiffs' exclusive rights to The Screenplay, Sizzle Reel, and original artwork
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ID
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the Plaintiffs, prepared derivative works based on the themes, settings, dialogue, characters, plot,
pace, sequence of events, and mood expressed in The Screenplay, Sizzle Reel, and original
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artwork by producing and distributing the various works that comprise the Pirates of the Caribbean
franchise.
63. Specifically, Defendants prepared the following derivative works of the Plaintiffs
original works of authorship: The Pirates of the Caribbean: The Curse of the Black Pearl (2003);
Pirates of the Caribbean: Dead Mans Chest (2006); Pirates of the Caribbean: At Worlds
End (2007); Pirates of the Caribbean: On Stranger Tides (2011); and Pirates of the
Caribbean: Dead Men Tell No Tales (2017).
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preparing derivative works based on Plaintiffs original works of authorship. Defendants never
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obtained a license from Plaintiffs to prepare reproductions of Plaintiffs original works of
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authorship. Defendants are violating Plaintiffs exclusive rights to prepare derivative works based
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on Plaintiffs original works of authorship and are willfully infringing on Plaintiffs copyright.
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Pursuant to 17 U.S.C. 501(b), Plaintiffs are instituting an action for willful infringement by
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Defendants.
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66. Defendants infringing conduct has caused Plaintiffs to suffer damages and harm,
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504.
THIRD CLAIM FOR RELIEF FOR INFRINGEMENT OF COPYRIGHT

(DISTRIBUTION OF COPYRIGHTED WORK)
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authorize . . . [the] distribut[ion] copies or phonorecords of the copyrighted work to the public by
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sale or other transfer of ownership, or by rental, lease, or lending. 17 U.S.C. 106(3).
72.
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Plaintiffs exclusive rights to The Screenplay, Sizzle Reel, and original artwork
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ID
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the Plaintiffs, distributed works containing the themes, settings, dialogue, characters, plot, pace,
sequence of events, and mood expressed in The Screenplay, Sizzle Reel, and original artwork
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by producing and distributing the various works that comprise the Pirates franchise.
77. Specifically, Defendants distributed the Plaintiffs original works of authorship,

with the following works: The Pirates of the Caribbean: The Curse of the Black Pearl (2003);
Pirates of the Caribbean: Dead Mans Chest (2006); Pirates of the Caribbean: At Worlds
End (2007); Pirates of the Caribbean: On Stranger Tides (2011); and Pirates of the
Caribbean: Dead Men Tell No Tales (2017).
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distributing Plaintiffs original works of authorship. Defendants never obtained a license from
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Plaintiffs to distribute Plaintiffs original works of authorship. Defendants are violating Plaintiffs
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exclusive rights to distribute Plaintiffs original works of authorship and are willfully infringing
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on Plaintiffs copyright. Pursuant to 17 U.S.C. 501(b), Plaintiffs are instituting an action for
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willful infringement by Defendants.

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504.
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FOURTH CLAIM FOR RELIEF FOR INFRINGEMENT OF COPYRIGHT

(PUBLIC PERFORMANCE OF COPYRIGHTED WORK)
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authorize . . . in the case of literary, musical, dramatic, and choreographic works, pantomimes, and
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motion pictures and other audiovisual works, t[he] perform[ance of] the copyrighted work
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publicly. 17 U.S.C. 106(4).
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86. Plaintiffs' exclusive rights to The Screenplay, Sizzle Reel, and original artwork
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ID

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the Plaintiffs, publicly performed works containing the themes, settings, dialogue, characters,
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plot, pace, sequence of events, and mood expressed in The Screenplay, Sizzle Reel, and original
franchise.
91. Specifically, Defendants publicly performed the Plaintiffs original works of
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malicious, and in blatant disregard of Plaintiffs exclusive rights. Defendants are currently publicly
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performing Plaintiffs original works of authorship. Defendants never obtained a license from
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Plaintiffs to publicly perform Plaintiffs original works of authorship. Defendants are violating
ID
Plaintiffs exclusive rights publicly perform Plaintiffs original works of authorship and are
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willfully infringing on Plaintiffs copyright. Pursuant to 17 U.S.C. 501(b), Plaintiffs are

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instituting an action for willful infringement by Defendants.

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504.
FIFTH CLAIM FOR RELIEF FOR INFRINGEMENT OF COPYRIGHT

(PUBLIC DISPLAY OF COPYRIGHTED WORK)
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authorize . . . in the case of literary, musical, dramatic, and choreographic works, pantomimes, and
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pictorial, graphic, or sculptural works, including the individual images of a motion picture or other
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audiovisual work, to display the copyrighted work publicly. 17 U.S.C. 106(5).
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100. Plaintiffs' exclusive rights to The Screenplay, Sizzle Reel, and original artwork
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the Plaintiffs, publicly displayed works containing the themes, settings, dialogue, characters, plot,
pace, sequence of events, and mood expressed in The Screenplay, Sizzle Reel, and original
franchise.
105. Specifically, Defendants publicly displayed the Plaintiffs original works of
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malicious, and in blatant disregard of Plaintiffs exclusive rights. Defendants are currently publicly
W E
displaying Plaintiffs original works of authorship. Defendants never obtained a license from
ID
Plaintiffs to publicly display Plaintiffs original works of authorship. Defendants are violating
EY F
Plaintiffs exclusive rights to publicly perform Plaintiffs original works of authorship and are
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willfully infringing on the Plaintiffs copyright. Pursuant to 17 U.S.C. 501(b), Plaintiffs are
R O
instituting an action for willful infringement by Defendants.

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TO

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504.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs, respectfully prays for judgment against each and all of the
Defendants upon each and all of the claims for relief asserted herein above, including and without
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limitation:
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(1) on the FIRST FIVE Claims for relief, the copyright owners' actual damages and
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any additional profits of the infringer as provided by 17 U.S.C. 504(b).
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(2) on the FIRST FIVE Claims for relief, temporary and final injunctive relief on such
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terms as it may deem reasonable to prevent or restrain infringement of a copyright as
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provided by 17 U.S.C. 502(a) to restrain any further acts of infringement.
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(3) prejudgment or moratory interest in accordance with law; and
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(4) such other and further relief as the Court deems just and proper under the
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circumstances.
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PLAINTIFFS REQUESTS A TRIAL BY JURY ON ALL ISSUES SO TRIABLE.

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Dated this 14th day of November, 2017.

C
MACEAU LAW:
/S/ Elizabeth M. Thomas

TO
Elizabeth M. Thomas
Ryan C. Gillman
Gregory A. Maceau
1465 North Union Blvd., Suite #100
AT
Colorado Springs, CO 80909

Telephone: 719-633-2222
Email: elizabeth@maceaulaw.com
Plaintiffs' Address:
C/O Maceau Law
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Case 1:17-cv-02729 Document 1-1 Filed 11/14/17 USDC Colorado Page 1 of 112
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Alfred, Martinez, Tova Screenplay - 000001

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O
R TI
O N
W E
ID
EY F
N N
R OC
TO
AT

EXHIBIT - 1
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U
D
PR L
K A
O
R TI
O N
W E
ID
EY F
N N
R OC
TO
AT

EXHIBIT - 1
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U
D
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K A
O
R TI
O N
W E
ID
EY F
N N
R OC
TO
AT

EXHIBIT - 2
08-09-00
T
C
Brigham Taylor
Disney Pictures
U
500 S. Buena Vista St
Team Disney 208 A.
D
PR L
Burbank, Ca 91521
K A
O
R TI
Re: PIRATES OF THE CARIBBEAN by A. Lee Alfred II & Ezequiel Martinez Jr.
Dear Brigham,
O N
W E
Per our conversation, here is a brand new spec screenplay from our writers of Red
Hood.
ID
Its a swashbuckling fun adventure, Goonies meets Pirates of the Caribbean.

EY F
Since the concept works, all it needs is a polish from a pro and then can be put together
very quickly.
N N
I feel that our script is more in line with the image and expectations families associate
R O
with the Disney ride. It is also further along than your development project, so yours can
be the sequel!
C
Best wishes,
Tova Laiter
TO
P.S. Please let me know as soon as possible as I have a draft that does not have the
Disney song or the Ride references that I plan to take to other studios.
AT
ALFRED, MARTINEZ, TOVA TOVALTR - 000001

EXHIBIT - 3
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U
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PR L
K A
O
R TI
O N
W E
ID
EY F
N N
R OC
TO
AT
ALFRED, MARTINEZ, TOVA JULY2000 - 000001

EXHIBIT - 4
C
U
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PR L
K A
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O N
W E
ID
EY F
N N
R OC
TO
AT
ALFRED, MARTINEZ, TOVA NOV2002 - 000001

EXHIBIT 5
Time in Screenplay Copyrightabl Bates

Element
Movie Page No. e Element Number
THE CURSE OF THE BLACK PEARL
Plot, theme,
characters, 000044, 000045,
Supernatural "cursed" pirates or "skull faced" 37,38, 49, 50,
0:00:55 settings, 000056, 000057,
pirates 58, 59 000065, 000066
mood,
T
sequence
C
Theme,
Unnatural Fog signaling the emergence of the setting, mood,
U
0:01:10 30 000037
Black Pearl and something "bad" sequence,
pace
D
PR L
K A
O
setting,
A "Black sailed pirate ship" is shown entering in 000033, 000037,
0:04:46 26,30,36 character,
R TI
000044
fog
mood
O N
Introduction of "Jack": A Dashing young rogue
0:09:00 2 character 000009
character
W E
ID
Skeletons swing from sea lane 0:09:26 91 dialogue 000098

EY F
Jack's : Cockiness, sailing in on top mast, 0:10:00 2 character 000009

N N
R O
Jack's character: using his wits to convince port

master to allow him to not state his name: "Three 0:10:29 2 character 000009
shillings and forget the name"

C
Jack's character: Strutting down plank to steal

0:11:40 2 character 000009
ship, more cockiness
Jack's character: Getting out of trouble through

0:12:10 2 character 000009
wit, two British guards
TO
Black pearl is a real ship 0:12:30 31, 45 dialogue 000038, 000052

AT
The Black Pearl is described as: "A Black ship dialogue,

with Black sails, Crewed by the damned" 0:12:55 27, 45 theme, setting, 000034, 000052
[His ghost sails the seas in his ghost ship] mood

Black Pearl is a ship "captained by a man so evil
that hell itself spat him back out" [ "Legend
0:13:00 27, 31 dialogue 000034, 000038
says that a big sea monster ate him and spat him
out"]
ALFRED, MARTINEZ, TOVA CHART -- 000001

EXHIBIT 5
Repeats quotes in cells 13 and 14 (above) 0:13:14 27 dialogue 000034
Jack's character: Steals ship, cocky, tells plan to

0:13:30 2 character 000009
guards to use his wits to fool them
One of British guards can't swim 0:15:30 95 dialogue 000102
Jack jumps in after Elizabeth, showing his heart character,
T
0:15:30 2 000009
of gold mood
C
Water pluse and wind change medallion entering setting, theme,
0:15:42 30
U
000037
water, dark clouds forming mood
D
PR L
Introduced as Capt. Sparrow under gun point 0:17:53 2 character 000009
K A
O
R TI
Jack's cockiness: "But you have heard of me"
O N 0:18:20 2 character 000009
Element that the wind blows supernaturally when

she ever the gold medallion is touched and 0:28:42 30 setting
W E
000037
summons "the Black Pearl"

ID
000033, 000037,
Black ship cutting through the fog 0:29:29 26,30,36 setting 000043
EY F
Barbarosa attacks town in black ship; again

N N
0:29:45 30 setting, 000037

cutting through fog
R O
Black pearl been attacking for 10 years and dialogue,

0:29:57 46, 66 000053, 000073
C
never leaves surviviors setting
Introduction of characters Stitch and Dagger 0:30:48 46 character 000053
Guy gets hit by cannonball and flys through door dialogue,

0:33:17 85 000092
and survives theme
TO
The medallion again supernaturally calls to setting, theme,

0:34:04 9, 89 000016, 000096
people mood
AT
Pirate code invoked 0:34:34 79, 80 dialogue 000086, 000087
setting, mood, 000037, 000039,

30,32, 37, 46,
A "resurrected" or "undead" pirate appears 0:35:17 dialogue, 000044, 000053,
53 000060
theme

EXHIBIT 5
setting, mood, 000037, 000039,

30,32, 37, 46,
Cursed pirates revealed to be skeletons 0:37:09 dialogue, 000044, 000053,
53 000060
theme
setting, mood,
Curse rumor affirmed 0:37:12 64 dialogue, 000071
theme
character of "Barbossa" introduced: Black outfit
character,
black hat, twisting mustache and goatee, sunken 0:38:00 2 000009
dialogue
eyes, eft eye twiching
setting, theme,
T
Treasure that they've been searching for 0:39:10 34 000041
dialogue
C
Swan Recognizes ship from 8 years ago
setting, mood,
(because Black Pearl has a distinctive look and 0:39:17 30
U
000037
dialogue
appears with fog)
D
Starts to explain the story of the black pearl:
PR L
dialogue,
came from island can't be found except by those 000034, 0000.5,
0:42:46 27, 28, 30, 37 theme, mood,
K A
O
who know where it is. *Mentioned again at 57:00 000037, 000044
setting
R TI
Jack's character: Stealing ship, flashes the cocky
0:46:50 2 character 000009
smile back at chasing ships
O N
W E
"That's got to be the best pirate I've ever seen" in
0:48:15 2 character 000009
ref to Jack
ID
Red dressed Harlot appears to slap Jack "not

theme,
sure deserved that" 0:51:15 34, 35 000041, 000042
dialogue
EY F
["You had that coming]

N N
Jack again is slapped by blonde "deserved that" 0:21:27 35 dialogue 000042

R OC
000009, 000027,
Mr Gibbs character introduced: "Stink" 0:52:08 2, 20, 24, 25 character 000031, 000032
Barbossa not a bargainer, i.e. "takes no

0:53:12 2, character 000009
prisoners" whereas Jack bargains
000020, 000022,
13,15,33, 34, theme,
Red dress presented to Swann on Black Pearl 0:54:28 000040, 000041,
TO
35 character 000044
theme, setting,
Treasure is cursed 0:56:28 64 000072
AT
dialogue
theme,
"I hardly belive in ghost stories anymore" 0:56:44 28, 32 000035, 000039
dialogue
"we are cursed men" 0:57:35 64 dialogue 000071

EXHIBIT 5
Skeleton crew confronts swan as she tries to theme, setting,

0:58:52 37 000044
escape Barbosa dialogue
Swan falls backwards into pit on ship 0:59:11 37 dialogue 000044
Skeleton steering ship wearing ragged pirates

0:59:27 30 dialogue 000037
clothing
Barbosa emerges from doorway, transforms into

setting, theme,
T
000039, 000047,
skeleton says "You best start believing in ghost 1:00:25 32, 40, 74 000081
dialogue
stories , you're in one!"
C
dialogue,
Midget pirate 1:01:06 21,22 000028, 000029
U
character
Jack doesn't recognize Anamaria on ship,
D
PR L
approaches, Anamaria slaps Jack, Jack says "no 1:02:11 35 dialogue 000042
K A
that one I deserved"
O
R TI
Black Pearl moored in island bay
O N 1:04:09 Sizzle Reel setting Exhibit 6
Rowing into eye 1:04:54 65 setting 000072

W E
ID
Zooms out to show island shaped like skull or

1:05:08 64,90 setting 000071, 000097
hook?
EY F
dialogue,
N N
000010, 000011,
Barbossa was Jack's first mate who betrayed him 1:07:00 3, 4, 66 000073
character
R O
Cave full of cursed treasure on the skull island 1:08:08 61, 65 setting 000068, 000072
C
theme, setting,
Sword through ribcage of skeleton 1:09:16 96 000103
dialogue
setting,
Rowing rowboat through cavern on island 1:09:00 64, 90, 000071, 000097
dialogue
TO
theme,
Will says "not obsessed w/ treasure" 1:09:52 87 000094
dialogue
AT
"not all treasure is silver and gold" in reference to theme,

1:10:03 87 000094
swan dialogue
theme, setting,
"10 years" is mentioned again, a continuing dialogue, 000019, 000055,
1:10:10 12, 48, 52, 66 000059, 000073
theme of time in the films mood, pace,
sequence

EXHIBIT 5
Barbossa shooting his own pirate 1:13:10 6, 84 dialogue 000013, 000091
Mentions that Jack may be cursed pirate too

["Perhaps he be a Ghost! Maybe he thinks he be 1:15:16 34 dialogue 000041
Phanton Jack!"]
character,
Betrayal by Barbossa again mentioned 1:16:56 2, 3 000009, 000010
theme
setting,
T
Fog and clouds trail black pearl as it chases character, 00033,
1:23:10 26,30,36 000037,000043
interceptor mood, pace,
C
dialogue
U
Jack Loves Rum and drinks to unconsciousness 1:36:10 29, 34 character 000036, 000041
D
PR L
Jack gets mad at Swann for burning Rum "Why is
K A
O
the Rum gone?" More concerned w/ Rum than 1:39:00 29 character 000036
rescue
R TI
Jack is thought to be dead, goes to cave, is
warning Barbossa about trap w/ Royal Navy
1:45:00 2, 93 character 000009, 000100
O N
W E
dialogue,
Pirates dressing as women as decoy 1:49:23 50 000057
setting
ID
Fighting between Jack and Barbossa in knee setting,

1:52:25 95 000102
EY F
deep water dialogue

N N
setting,
Fistfight in same fight as above 1:52:25 2, 95 000009, 000102
dialogue
R O
setting,
C
"you can't beat me jack" thrusts sword into jack" 1:55:00 96 000103
dialogue
dialogue,
Jack also reveled as skeleton 1:55:37 34 000041
theme
Sword stuck in ribcage of skelton Jack 1:55:48 96 dialogue

TO
000103
Repeated imagery of stuff stuck in ribcage of

1:55:48 96 dialogue 000103
skeleton
AT
dialogue,
Jack humming song under breath "Drink up me
2:13:00 33 theme, 000040
hearties, yo ho"
character
Movie Posters (see artwork of submitted with

CREDITS setting
original screenplay versus official movie posters)

EXHIBIT 5
Movie Description on DVD: The roguish yet

charming Captain Jack Sparrow's idyllic pirate life
capsizes after his nemesis, the wily Captain
Barbossa, steals his ship, the Black Pearl, and
later attacks the town of Port Royal, kidnapping
the governor's beautiful daughter Elizabeth. In a
CREDITS theme, setting
gallant attempt to rescue her and recapture the
Black Pearl, Elizabeth's childhood friend Will
Turner joins forces with Jack. What Will doesn't
know is that a cursed treasure has doomed
Barbossa and his crew to live forever as the
T
undead.
C
DEAD MANS CHEST
U
"the island" is reclaimed by the sea with the theme, setting,
D
000034, 000098,
0:07:19 27,91,92,100
PR L
000099, 000107
treasure dialogue
K A
O
theme,
drawing of key "map" 0:08:22 26
R TI
000033
dialogue
O N theme,
the "key map" is a map to a map 0:08:45 61 000068
dialogue
W E
ID
Will goes back to being a privateer 0:10:30 102 dialogue 000109

EY F
Jack will be free, a privateer in the employ of theme,

0:11:16 102 000109
England dialogue
N N
000031, 000032,
R O
24, 25, 28, 29, 000035, 000036,

Jack says "why is the rum always gone" 0:12:36 character 000067, 000077,
60, 70, 71, 75 000078, 000082
C
000031, 000032,
24, 25, 28, 29, 000035, 000036,
jack is getting drunker in this film, drinking alone 0:12:47 character 000067, 000077,
60, 70, 71, 75 000078, 000082
supernatural "bill turner" assumed to be dead and

0:13:59 32,46 theme, mood 000039, 000053
shows up undead
TO
000031, 000032,
24, 25, 28, 29, 000035, 000036,
Jack says: "if it was a dream, there would be rum" 0:14:20 character 000067, 000077,
60, 70, 71, 75 000078, 000082
introduction of Davy Jones character who "sent"

AT
Bill Turner; a supernatural captain with a ship with 0:14:51 32, 46 theme, mood 000039, 000053
blue sails and controls "sea monster"

Theme,
setting, mood, 000016, 000017,
9, 10, 11, 89,
The sea monster is introduced 0:16:20 sequence, 000018, 000096,
97, 98 000104, 000105
character,
pace

EXHIBIT 5
000016, 000017,
jacks hat in water summons sea monster on 9, 10, 11, 89,
0:16:28 theme, mood 000018, 000096,
innocent vessel-supernatural element 97, 98 000104, 000105
Theme,
sea monster appears with "giesers of water"; setting, mood, 000016, 000017,
9, 10, 11, 89,
tentacle goes straight through the deck, sucks 0:19:02 sequence, 000018, 000096,
97, 98 000104, 000105
ship down into the sea character,
pace
000031, 000032,
24, 25, 28, 29, character, 000035, 000036,
Jack is "drunk" with a smile on his face 0:20:56 000067, 000077,
60, 70, 71, 75 theme
T
000078, 000082
C
theme,
Harlot says: "if you find him, give him a message-
0:21:01 35 character, 000042
"slaps" Will in face
U
dialogue
theme, setting,
D
PR L
000012, 000033,
Black Pearl is again described/seen as a ship 5, 26, 30, 32, dialogue,
0:21:18 000037, 000039,
K A
with "black tattered sails" 56, 77
O
mood, pace, 000063, 000084
sequence
R TI theme, setting,
O N
native hidden in tree when will is looking for jack 0:23:28 67, 68, 69, 91
dialogue, 000074,
000075.000076,
mood, pace, 000098
W E
sequence
ID
theme, setting,
tribe of people with skulls painted on their faces 23:38:00 46 000053
dialogue
EY F
theme, setting,
ravine with vines for bridge 24:08:00 67
N N
000074
dialogue
R O
theme, setting,
eyes painted on jack, skulls in background 24:40:00 46 000053
dialogue
C
theme, setting,
hanging in the middle of ravine 792:28:48 67 000074
dialogue
theme, setting,
running to espace over ravine 34:19:00 67 000074
dialogue
TO
theme, setting,
tree trunks across the ravine 34:42:00 67 000074
dialogue
AT
theme, setting,
swinging across the ravine (script has vines only) 35:48:00 67 000074
dialogue
theme, setting,
vines snap and fall into ravine 37:42:00 67 000074
dialogue

EXHIBIT 5
theme, setting,
Jack running from the natives 43:18:00 55 000062
dialogue
theme, setting,
fell into the water while running from natives 40:47:00 56 000066
dialogue
theme, setting,
swimming in cavern full of water 41:30:00 95 000102
dialogue
jack being suspended over the ravine and theme, setting,
T
42:09:00 67 000074
supported by bamboo beam, snaps dialogue
C
theme, setting,
falls through bridges and 42:30:00 67
U
000074
dialogue
D
Theme,
PR L
setting, mood, 000016, 000017,
the sea monster will grab an entire ship and drag 9, 10, 11, 89,
K A
O
48:41:00 sequence, 000018, 000096,
it down to the depths of the sea 97, 98 000104, 000105
character,
R TI
pace
O N Theme,
setting, mood, 000016, 000017,
9, 10, 11, 89,
monster "roars" before you get sucked in 48:57:00 sequence, 000018, 000096,
97, 98 000104, 000105
W E
character,
pace
ID
the chest that they stole from under DJ arm had theme, setting,
52:33:00 24 000031
his half of the map in it dialogue
EY F
DJ kept the chest with him at all times before theme, setting,
N N
54:29:00 24 000031
stolen dialogue
R O
a heart in the chest (soul is the treasure in script) 54:00:00 97 theme 0000104
C
theme, setting,
000019, 000059,
can only step on land every 10 years 55:27:00 12,52,66 mood, pace, 000073
dialogue
Theme,
setting, mood, 000012,
TO
ship that appears out of the dark and rises from 5, 26, 30, 32, 000033,000037,
58:51:00 sequence, 000039, 000063,
the sea 56, 77
character, 000084
pace
Theme,
AT
setting, mood,
000037, 000054,
crew that is skeleton and appears from nowhere 59:06:00 30, 47, 53 sequence, 000060
character,
pace
appears out of nowhere on the ship in front of theme, setting,

1:02:39 32, 46 000039, 000053
jack mood

EXHIBIT 5
DJ willing to trade his crew as slaves (will traded

62 dialogue 000069
as well as 100 souls for his debt)
theme, 000075, 000076,

the cursed on the dutchman come out of the walls 1:16:28 68, 69, 91 000098
dialogue
theme, 000031, 000032,

24, 25, 28, 29, 000035, 000036,
hide the rum 1:17:28 character, 000067, 000077,
60, 70, 71, 75
dialogue 000078, 000082
T
trade soul (treasure) 1:23:38 97 theme 0000104
C
theme, setting, 000043, 000047,
the bedroom scene 1:27:38 36, 40, 41
U
000048
mood
D
PR L
kids stealing the chest in bedroom while DJ is theme, setting,
1:27:58 25 000032
sleeping dialogue
K A
O
R TI
theme, setting,
poking out key (poking out scroll in cavern) 1:28:39 73 000080
O N dialogue
replace bottle of rum to keep him asleep (use theme, setting,

1:28:45 73
W E
000080
music to keep him asleep) dialogue
ID
sea monster bubbling up from the sea signaling Theme,

arrival, tentacles taking men off ship, tentacle setting, mood, 000016, 000017,
9, 10, 11, 89,
flinging crewmen in air, tentacles overcoming 1:35:28 sequence,
EY F
000018, 000096,
97, 98 000104, 000105
ship, tentacles consuming the ships main mast, character,
N N
splits the ship in half and sucks ship into the sea pace
R O
survives by floating on piece of wood 1:37:53 11 dialogue 000018

C
theme, 000031, 000032,

24, 25, 28, 29, 000035, 000036,
jack drinking rum again 1:39:35 character, 000067, 000077,
60, 70, 71, 75
dialogue 000078, 000082
theme,
swan refuses overtures from jack (jane refuses
1:40:20 35 character, 000042
overtures from DJ)
dialogue
TO
Theme,
setting, mood, 000016, 000017,
9, 10, 11, 89,
sea monster again 2:03:42 sequence, 000018, 000096,
97, 98 000104, 000105
character,
AT
pace
Theme,
setting, mood, 000016, 000017,
when monster attacks, all escape the ship and 9, 10, 11, 89,
2:10:32 sequence, 000018, 000096,
get into boats 97, 98 000104, 000105
character,
pace

EXHIBIT 5
abandon ship or abandon hope 2:11:03 dialogue
you came back, I always knew you were a good

2:11:27 86, 87 character 000093, 000094
man
stayed behind to give them all hope, tied to the character,

2:13:06 65 000072
ship as they all left theme, setting
T
not even jack sparrow can best the devil 2:15:44 96 theme 000103
C
theme,
barbossa back 2:21:00 74
U
000081
character
D
PR L
theme,
black pearl needs a crew of 6 (6 kids) 35, 84 000042, 000090
character
K A
O
R TI
AT WORLD'S END
O N
Upset that Jack is dead (fellow pirate) because he theme,
15:37:00 88
W E
000095
would bring him back to kill him himself dialogue
ID
Davey Jones now working as a privateer with theme,

21:04:00 102 000109
East India Trading Company dialogue
EY F
Barbossa states "you must be lost in order to find

theme,
N N
a place that can't be found" unless by those that 30:40:00 27 000034

dialogue
already know where it is
R O
theme,
Revealed map has multiple destinations 52:35:00 61 000068
C
dialogue
Theme,
setting, mood, 000016, 000017,
9, 10, 11, 89,
First view of the actual sea monster himself 1:00:35 sequence, 000018, 000096,
97, 98 000104, 000105
character,
pace
theme, setting,
TO
Jack is dead and now alive again 1:05:40 93 mood, 000100
sequence
000031, 000032,
24, 25, 28, 29, theme,
AT
000035, 000036,
"That was without a single drop of rum" 1:11:45 000067, 000077,
60, 70, 71, 75 character 000078, 000082
Red dress again, begins a pirate lord and hides theme, 000020, 000022,
1:15:20 13, 15, 33, 35 000040, 000042
weapons in unusual places character
theme,
Will becomes a privateer again 1:31:00 102 000109
dialogue

EXHIBIT 5
theme, setting,
Shipwreck cove looks like a pile of bones 1:29:50 71 000078
mood
theme, setting,
Sail through an "eye" to get to shipwreck cove 1:29:50 65 mood, 000072
dialogue
"All acts of war must be declared by the Pirate

1:44:08 79, 80 theme 000086, 0000087
King"
theme, setting,
T
The Code is Law 1:44:37 79, 80 000086, 0000087
dialogue
C
Must vote for who is pirate king 1:46:00 79, 80 theme
U
000086, 0000087
D
PR L
theme, setting,
Fog again looms surrounding the enemy, now 44, 77, 84, 89,
K A
000051, 000084,
O
1:48:20 mood, pace, 000091, 000108
East India Trading Company 90, 101
dialogue
R TI theme, setting,
O N
Hooked shaped island in the middle of the ocean 1:49:15 64, 90
dialogue
000071, 000097
W E
"It be too late to alter course now Mateys" 2:07:30 85 dialogue 000092
ID
Privateer controlled Davey Jones and Pirate setting, theme,

EY F
2:07:00 1 000008
controlled Black Pearl begin battle dialogue
N N
The navigational charts (maps) are now in 2 theme,

2:37:37 4 000011
R O
pieces dialogue
C
theme,
One piece to Barbosa 2:37:37 4 000011
dialogue
theme,
Jack sings "A Pirates Life for Me" in a drunk state,
2:37:50 33 character, 000040
depressed, alone and has other half of the map
dialogue
TO
ON STRANGER TIDES
theme,
AT
Jacks 1/2 of map shown 0:08:27 4 000011

dialogue
theme,
Barbosa is now a privateer 0:13:00 102 000109
dialogue
theme,
Gibbs burns Jacks 1/2 of map to protect self 0:29:50 89 000095
dialogue

EXHIBIT 5
theme,
Blackbeard's undead officer 0:31:40 32,46 dialogue, 000039, 000053
setting
theme,
Angelica mentions "maybe you don't believe in
0:34:35 45 dialogue, 000052
the supernatural"
setting
theme,
Jack responds to Angelica: "No, I've seen a thing
0:34:35 45 dialogue, 000052
or two"
setting
Officer stabbed through chest with sword and
T
0:40:19 45 theme, setting 000052
does not die; supernatural element
C
theme, 000037, 000044,
Blackbeard introduced and then controls the ship 30, 37,38, 49, 000045, 000056,
0:42:30 dialogue,
U
000057, 000060,
supernaturally (undead); Ghost who sails 50, 53, 58, 59
setting, mood 000065, 000066
D
PR L
theme, 000037, 000044,
Dead man at helm of ship is "undead" and in 30, 37,38, 49, 000045, 000056,
0:46:00 dialogue, 000057, 000060,
tattered clothing of a pirate; Ghost who Sails 50, 53, 59, 58
K A
O
setting, mood 000065, 000066
R TI
000051, 000084,
"Your words surround you like fog and make you 44, 77, 84, 89, theme, setting,
0:48:40 000091, 000095,
hard to see" (Blackbeard to Jack)
O N 90, 101 mood 000097, 000108
theme, 000020, 000022,

Angelica wearing a red dress 0:53:40 13,15,33,35
W E
000040, 000042
character
ID
"You and I are thick as thieves love" (Jack to theme,

0:53:40 34 000041
Angelica) dialogue
EY F
theme,
N N
Barbosa is a "one legged" man/pirate 0:56:45 1 character, 000008
dialogue
R O
A large ravine with no bridge to cross and a theme, setting,

1:14:29 67 000074
C
waterfall dialogue
theme, setting,
Jack jumps in the ravine 1:17:52 67 000074
dialogue
theme, setting,
The chambers of Ponce De Leon has a skeleton
dialogue,
on a throne, Barbossa waiting in shadows and 1:24:12 71 000078
TO
mood, pace,
appears
sequence
AT
theme, setting,
dialogue,
Sword fight quickly 1:24:30 82 000089
mood, pace,
sequence

EXHIBIT 5
theme, setting,
dialogue,
Fighting continues over "treasure" left by Spanish 1:25:38 82 000089
mood, pace,
sequence
Barbosa and Jack move a skeleton to reveal a

1:25:00 71 theme, setting 000078
map
theme, setting,
Jack calls Barbosa a "privateer" 1:36:30 102 000109
dialogue
T
C
Jack talks about catching a pig (referring to theme, 000020, 000027,
1:42:12 13, 20,23, 24 000023, 000031
Gibbs) character
U
theme,
Water coming out of the walls of the cavern and
D
1:46:30 71 character, 000078
PR L
filling room
setting, mood
K A
O
character, 000031, 000032,
24, 25, 28, 29, 000035, 000036,
You were drunk-Angelica to Jack 2:03:38 theme,
R TI
000067, 000077,
60, 70, 71, 75
dialogue 000078, 000082
O N
Barbosa rips up papers of freedom and throws
2:05:40 89
theme, 000096
them to the wind dialogue
W E
Gibbs has the "pearl in a bottle" but makes
theme,
ID
reference to something they did in New Guinea 2:06:02 27 000034

dialogue
(talent unsurpassed)
theme,
EY F
"It's a pirates life for me"-Jack 2:07:24 33 character, 000040

N N
dialogue
R O
DEAD MEN TELL NO TALES

C
Captain Salazar and his crew are undead, theme, 000037, 000044,
30, 37,38, 49, 000045, 000056,
surrounded by fog and can move without being 0:11:36 character, 000057, 000060,
50, 59, 58
seen mood 000065, 000066
000031, 000032,
Jack is first seen, sleeping and passed out drunk, 24, 25, 28, 29, 000035, 000036,
0:15:50 character 000067, 000077,
in a vault 60, 70, 71, 75 000078, 000082
TO
theme, setting,
A ship that appears from no where 0:32:16 30 000037
mood
AT
Jack is offered a chance to be "great" again 0:36:04 27, 102 character 000034, 000109
character,
Barbosa says "I'm a Pirate, always will be" 0:40:44 3, 82 000010, 000089
dialogue

EXHIBIT 5
We call this keel hauling 0:56:13 78 dialogue 000085
Carina refers to Captain Salazar and his men as theme, setting, 000034, 000037,
1:16:14 27, 30, 45 000052
"ghosts" character
T
C
U
D
PR L
K A
O
R TI
O N
W E
ID
EY F
N N
R OC
TO
AT

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CIVIL CASE COVER SHEET ATTACHMENT
SECTION I:
ATTORNEYS FOR THE PLAINTIFFS:
MACEAU LAW
Elizabeth Thomas
T
Gregory Maceau
C
U
Telephone: 719-633-2222
Email: greg@maceaulaw.com; elizabeth@maceaulaw.com
D
PR L
K A
O
FULL LIST OF DEFENDANTS:
R TI
THE WALT DISNEY COMPANY, a Delaware Corporation
DISNEY ENTERPRISES, INC., a Delaware Corporation
O N
WALT DISNEY MOTION PICTURES GROUP, INC, a California Corporation
DISNEY CONSUMER PRODUCTIONS, INC., a California Corporation
W E
DISNEY CONSUMER PRODUCTIONS AND INTERACTIVE MEDIA, INC., a California Corporation
DISNEY BOOK GROUP, LLC, a Delaware Limited Liability Company
ID
DISNEY INTERACTIVE STUDIOS, INC., a California Corporation

DISNEY STORE USA, LLC, a Delaware Corporation
EY F
WALT DISNEY ATTRACTIONS TECHNOLOGY, LLC, a Delaware Limited Liability Company

WALT DISNEY THEATRICAL RECORDINGS, a California Corporation
N N
WALT DISNEY PARKS AND RESORTS WORLDWIDE, a Florida Corporation

ABC, INC., a New York Corporation
R O
BUENA VISTA HOME ENTERTAINMENT, INC., a California Corporation

BUENA VISTA MEDIA, a California Corporation
C
BUENA VISTA PRODUCTIONS; a California Corporation

BUENA VISTA THEATRES, INC.; a California Corporation
BUENA VISTA THEATRICAL GROUP LTD., New York Corporation
BUENA VISTA VIDEO ON DEMAND, a California Corporation
BUENA VISTA BOOKS, INC., a California Corporation
BUENA VISTA CATALOGUE CO., a California Corporation
TO
BUENA VISTA NON-THEATRICAL, INC., a California Corporation

JOHN and JANE DOES 1-10, inclusive.
AT
SECTION III:
FOLLOWING DEFENDANTS ARE REGISTERED TO DO BUSINESS IN COLORADO:
DISNEY STORE USA, LLC, a Delaware Corporation (Foreign Limited Liability Company)
WALT DISNEY PARKS AND RESORTS WORLDWIDE, a Florida Corporation (Foreign Limited
Liability Company)
BUENA VISTA HOME ENTERTAINMENT, INC., a California Corporation (Foreign Corporation)
BUENA VISTA THEATRICAL GROUP LTD., New York Corporation (Foreign Corporation)
BUENA VISTA HOME ENTERTAINMENT, INC., a California Corporation (Foreign Corporation)
ABC, INC., a New York Corporation (Foreign Corporation)
T
SECTION VI:
C
Brief Description of the case:
U
Intellectual Property and Copyright Infringement Claim on behalf of screenwriters A. Lee Alfred,
D
PR L
II and Ezequiel Martinez, Jr, and their producer Tova Laiter (Varsity Blues) against the Walt
Disney Corporation et. al. for their original screenplay entitled Pirates of the Caribbean which
K A
O
creative content, themes and concepts were used in the blockbuster franchise Pirates of the
R TI
Caribbean. The Plaintiffs were never compensated nor received due credit for their original
work that was subsequently used.
O N
W E
ID
EY F
N N
R OC
TO
AT

Arthur Lee Alfred II Et. Al. v. The Walt Disney Company Et. Al.

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Arthur Lee Alfred II Et. Al. v. The Walt Disney Company Et. Al.

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Case 1:17-cv-02729 Document 1 Filed 11/14/17 USDC Colorado Page 1 of 25

IN THE UNITED STATES DISTRICT COURT

Civil Action No. ________

California Corporation; WALT DISNEY PARKS AND RESORTS WORLDWIDE, a Florida

ENTERTAINMENT, INC., a California Corporation; BUENA VISTA MEDIA, a California

THEATRES, INC.; a California Corporation; BUENA VISTA THEATRICAL GROUP LTD.,

Corporation; JOHN and JANE DOES 1-10, inclusive.

COMPLAINT AND JURY DEMAND

THE WALT DISNEY COMPANY, a Delaware Corporation; DISNEY ENTERPRISES, INC., a

Delaware Corporation; WALT DISNEY MOTION PICTURES GROUP, INC, a California

Corporation; DISNEY CONSUMER PRODUCTIONS, INC., a California Corporation; DISNEY

CONSUMER PRODUCTIONS AND INTERACTIVE MEDIA, INC., a California Corporation;

DISNEY BOOK GROUP, LLC, a Delaware Limited Liability Company; DISNEY

VISTA VIDEO ON DEMAND, a California Corporation; BUENA VISTA BOOKS, INC., a

California Corporation; BUENA VISTA CATALOGUE CO., a California Corporation; BUENA

JURISDICTION AND VENUE

and/or conduct business in the State of Colorado.

(hereafter known as The Screenplay).

learned, Plaintiffs will move promptly to amend this Complaint accordingly.

HISTORY AND LORE OF PIRATES IN

Rover, among many others.

and are not shown to be good men with a sense of humor.

in place of their hand.

who terrorize all that are in their path of destruction.

CAPTAIN JACK AS AN EXPRESSION OF A UNIQUELY NEW PIRATE

to the character Davy Jones in The Screenplay. (see Exhibits 1 & 5)

to Defendants. (see Exhibit 2.)

Red Hood project.

required for all screenwriters at TWDC.

project, without a contract completed and without compensation.

Defendants and felt as if their dreams were coming true.

the Defendants creative team on Red Hood.

July 19th, 2000. (see Exhibit 2.)

screenplay to several different producers, studios and directors.

Taylor on August 9th, 2000.

by Martinez) and original artwork (created for Alfred and Martinez.)

the Pirates of the Caribbean ride recently.

35. Laiter made numerous phone calls to follow up with Taylor.

when at TWDC to discuss Red Hood.

Red Hood and were not invited back to TWDC.

original spec screenplay and passing on the project.

first Pirates of the Caribbean film.

the Black Pearl.

very individuals that created these original expressions.

and physical distress caused by their intentional acts.

(see Exhibits 3&4.)

reference, 526 F. Supp. 774, 777 (C.D.Cal.1981).

DEFINTIONS OF ELEMENTS IN EXTRINSIC TEST

63. Dialogue: any spoken lines in a film by an actor/actress. It may be considered

overlapping if two or more characters speak simultaneously. In film-making, it is recording

dialogue to match lip movements on previously-recorded film.

64. Mood: emotional tone; atmosphere or pervading tone;

characters of the Pirates franchise. (Exhibit 5.)

FIRST CLAIM FOR RELIEF FOR INFRINGEMENT OF COPYRIGHT

72. Copyright protection subsists . . . in original works of authorship fixed in any

tangible medium of expression. 17 U.S.C. 102(a).

50. Specifically, Defendants prepared reproductions of the Plaintiffs original works of

the Caribbean: Dead Men Tell No Tales (2017).

Plaintiffs are instituting an action for willful infringement by Defendants.

jurisdictional requirements of this Court.

SECOND CLAIM FOR RELIEF FOR INFRINGEMENT OF COPYRIGHT

55. Copyright protection subsists . . . in original works of authorship fixed in any

tangible medium of expression. 17 U.S.C. 102(a).