Lisa Misraje Bentley v. James Randall Argue et al

Filing 60

ORDER TO SHOW CAUSE RE COPYRIGHT VALIDITY by Judge Otis D. Wright, II: The Court ORDERS Bentley to SHOW CAUSE in writing by Monday, March 3, 2014, why the Court should not invalidate Copyright Registration number PAu 3-628-749 for want of a fixed medium of expression. If Bentley has produced a motion picture, she shall lodge a copy with the Court by that date. (lc)

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United States District Court
Central District of California

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LISA MISRAJE BENTLEY,

Case No. 5:13-cv-00950-ODW(OPx)

Plaintiff,

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ORDER TO SHOW CAUSE RE.

v.

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JAMES RANDALL ARGUE; DAVID

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BRADSHAW; RALPH LINHARDT;

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MICHAEL H. RAMSEY; JACK ONG;

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JOHN DAVID WARE; DOES 1–10,

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COPYRIGHT VALIDITY

inclusive,
Defendants.

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Plaintiff Lisa Misraje Bentley has moved for default judgment against

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Defendants James Randall Argue, Ralph Linhardt, and Jack Ong. (ECF Nos. 54, 55,

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58.) After reviewing the Complaint and Motions, the Court is unable to ascertain

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whether Bentley actually produced a motion picture, i.e., whether there is some work

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“fixed in any tangible medium of expression” sufficient to sustain the validity of the

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Copyright Registration number PAu 3-628-749. See 17 U.S.C. § 102(a). The Court

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therefore ORDERS Bentley to SHOW CAUSE why the Court should not invalidate

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her copyright in the motion picture for want of a tangible medium of expression.

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In her Complaint and Motions, Bentley alleges that she has two United States

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copyright registrations. On March 2, 2007, Bentley registered a copyright in the book

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she wrote titled “Saving Levi.” (Compl. ¶ 15, Ex. 1.) On October 25, 2011, Bentley

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obtained another copyright registration for “motion picture,” “words and music,” and

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“drama” for “SAVING LEVI – SHORT FILM” “SAVING LEVI MOVIE.” (Id. ¶ 16,

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Ex. 2.) The Certificate of Registration further states that Bentley created “SCREEN

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PLAY, SHORT FILM, WORDS” and that the work was completed in 2009. (Id.

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Ex. 2.)

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Copyright protection only subsists in “original works of authorship fixed in any

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tangible medium of expression,” such as literary works or motion pictures. 17 U.S.C.

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§§ 101, 102(a). While a copyright carries with it the right to produce derivative

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works, id. § 106(2), the holder may not register the derivative work unless it is

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actually fixed in a tangible medium of expression. See id. §§ 101, 102(a).

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Here, it not clear whether Bentley ever produced a “motion picture,” “words

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and music,” or “drama” called “SAVING LEVI – SHORT FILM” or “SAVING LEVI

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MOVIE.”

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produced a book called “Saving Levi”—but nothing more.

The allegations in the Complaint seem to indicate that Bentley only

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The Court therefore ORDERS Bentley to SHOW CAUSE in writing by

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Monday, March 3, 2014, why the Court should not invalidate Copyright Registration

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number PAu 3-628-749 for want of a fixed medium of expression. If Bentley has

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produced a motion picture, she shall lodge a copy with the Court by that date.

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IT IS SO ORDERED.

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February 20, 2014

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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