DC Comics v. Pacific Pictures Corporation et al

Filing 540

JUDGMENT by Judge Otis D Wright, II: IT IS ORDERED AND ADJUDGED that DCs First Claim for Relief is GRANTED as set forth in the Courts October 17, 2012, order, and the copyright termination notice served by the Estate of Joseph Shuster on November 10, 2003, is deemed invalid and ineffective. IT IS FURTHER ORDERED AND ADJUDGED that DCs Third Claim for Relief is GRANTED as set forth in the Courts October 17, 2012, order, and defendants rights-encumbering agreementsincluding the 2001 Pacific Picture s agreement, 2003 Pacific Pictures agreement, and 2008 consent agreementare deemed invalid and unenforceable under section 304(c)(6)(D) of the Copyright Act. 17 U.S.C. § 304(c)(6)(D).IT IS FURTHER ORDERED AND ADJUDGED that, finding no just reaso n for delay, the Courts October 17, 2012, summary judgment order (Docket No. 507) is hereby certified as final, and partial final judgment is hereby entered pursuant to Federal Rule of Civil Procedure 54(b) on DCs First and Third Claims for Relief. (lc)

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DANIEL M. PETROCELLI (S.B. #097802)
[e-mail]
MATTHEW T. KLINE (S.B. #211640)
[e-mail]
CASSANDRA L. SETO (S.B. #246608)
[e-mail]
O’MELVENY & MYERS LLP
1999 Avenue of the Stars, 7th Floor
Los Angeles, CA 90067-6035
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff DC Comics

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DC COMICS,

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Plaintiff,
v.
PACIFIC PICTURES
CORPORATION, IP WORLDWIDE,
LLC, IPW, LLC, MARC TOBEROFF,
an individual, MARK WARREN
PEARY, as personal representative of
the ESTATE OF JOSEPH SHUSTER,
JEAN ADELE PEAVY, an individual,
LAURA SIEGEL LARSON, an
individual and as personal
representative of the ESTATE OF
JOANNE SIEGEL, and DOES 1-10,
inclusive,

Case No. CV 10-3633- ODW (RZx)
JUDGMENT PURSUANT TO FED.
R. CIV. P. 54(B)
Hon. Otis D. Wright II

Defendants.

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[PROPOSED] RULE 54(B) JUDGMENT

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JUDGMENT
The Court’s October 17, 2012, summary judgment order (Docket No. 507)

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granted judgment in favor of plaintiff DC Comics (“DC”) on the First and Third

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Claims for Relief set forth in DC’s First Amended Complaint (Docket No. 49). The

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Court concludes that judicial administrative interests, as well as the equities

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involved, favor entering final judgment on DC’s First and Third Claims for Relief

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at this juncture. Therefore,

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IT IS ORDERED AND ADJUDGED that DC’s First Claim for Relief is
GRANTED as set forth in the Court’s October 17, 2012, order, and the copyright

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termination notice served by the Estate of Joseph Shuster on November 10, 2003, is

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deemed invalid and ineffective.

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IT IS FURTHER ORDERED AND ADJUDGED that DC’s Third Claim for

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Relief is GRANTED as set forth in the Court’s October 17, 2012, order, and

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defendants’ rights-encumbering agreements—including the 2001 Pacific Pictures

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agreement, 2003 Pacific Pictures agreement, and 2008 consent agreement—are

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deemed invalid and unenforceable under section 304(c)(6)(D) of the Copyright Act.

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17 U.S.C. § 304(c)(6)(D).

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IT IS FURTHER ORDERED AND ADJUDGED that, finding no just reason

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for delay, the Court’s October 17, 2012, summary judgment order (Docket No. 507)

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is hereby certified as final, and partial final judgment is hereby entered pursuant to

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Federal Rule of Civil Procedure 54(b) on DC’s First and Third Claims for Relief.

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IT IS SO ORDERED.

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Dated: December 11, 2012

____________________________________
Honorable Otis D. Wright, II
Judge, United States District Court

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[PROPOSED] RULE 54(B) JUDGMENT