Professional Documents
Culture Documents
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CENTRAL DISTRICT OF CALIFORNIA
KINSELLA WEITZMAN ISER KUMP & ALDISERT
10
WESTERN DIVISION
TEL 310.566.9800 • FAX 310.566.9850
11
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401
12
FARHAD SAFINIA, an individual, Case No. 2:17-cv-06902-CBM-RAO
13 Assigned to: Hon. Consuelo B. Marshall
Plaintiff and Counter-Claim
14 Defendant.
DEFENDANTS’ ANSWER TO
15 vs. COMPLAINT; COUNTERCLAIMS
AND THIRD-PARTY COMPLAINT
16 VOLTAGE PICTURES, LLC, a California
limited liability company; VOLTAGE JURY TRIAL DEMANDED
17 PRODUCTIONS, LLC, a Nevada limited
liability company; CHRISTCHURCH
18
PRODUCTIONS DAC, an Ireland designated
19 activity company; NICOLAS CHARTIER, an
individual; and DOES 1 through 100,
20 inclusive,
27 Third-Party Plaintiffs.
28 vs.
1
ICON PRODUCTIONS, LLC, a California
2 limited liability company; BRUCE DAVEY,
an individual; and MEL GIBSON, an
3 individual,
4 Third-Party Defendants.
5
8
LLP
9
KINSELLA WEITZMAN ISER KUMP & ALDISERT
10
TEL 310.566.9800 • FAX 310.566.9850
11
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401
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DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT
Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 3 of 25 Page ID #:2966
4 ANSWER
5 1. Paragraph 1 of the Complaint purports to state legal conclusions to which
6 no response is required. To the extent paragraph 1 contains factual allegations, such
10 Defamation claim has been dismissed as moot, and thus no response is required. To the
TEL 310.566.9800 • FAX 310.566.9850
14 Admit that federal courts have exclusive jurisdiction for claims for copyright infringement.
27 County, California.
28 11. Admit in paragraph 11 that Mr. Chartier resides in Los Angeles County,
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DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT
Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 4 of 25 Page ID #:2967
1 California and that Mr. Chartier is the CEO and manager of Voltage Pictures, LLC and
2 Voltage Productions, LLC. Deny that Voltage has any ownership interest in or is the sole
3 stakeholder in Christchurch.
10 16. Deny the allegations in paragraph 16 of the Complaint, except admit that
TEL 310.566.9800 • FAX 310.566.9850
11 Plaintiff made revisions to prior draft scripts of a Screenplay, entitled The Professor and
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401
12 the Madman (“Screenplay”), performed directing services for the motion picture, Mel
13 Gibson was cast as professor James Murray and Sean Penn was cast as Dr. William Minor.
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DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT
Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 5 of 25 Page ID #:2968
9 repeat and re-allege their responses to the allegations in paragraphs 1 through 26 above.
KINSELLA WEITZMAN ISER KUMP & ALDISERT
11 28. Deny the allegations in paragraph 28 of the Complaint, except admit that
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401
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DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT
Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 6 of 25 Page ID #:2969
9 REQUESTED RELIEF
KINSELLA WEITZMAN ISER KUMP & ALDISERT
10 Defendants request that this Court deny the relief requested by Plaintiff in
TEL 310.566.9800 • FAX 310.566.9850
11 Plaintiff’s “Prayer for Relief ” and dismiss the Complaint with prejudice.
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401
12 AFFIRMATIVE DEFENSES
13 By way of defenses and affirmative defenses, and without assuming any burden of
14 proof not otherwise required by law, Defendants allege as follows:
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DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT
Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 7 of 25 Page ID #:2970
9 Plaintiff’s claims for monetary relief are barred or limited because Plaintiff failed to
KINSELLA WEITZMAN ISER KUMP & ALDISERT
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DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT
Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 8 of 25 Page ID #:2971
9 claims to have suffered. Therefore any award made in favor of the Plaintiff in this case
KINSELLA WEITZMAN ISER KUMP & ALDISERT
10 must be reduced by an amount equal to the percentage of the fault of others in causing or
TEL 310.566.9800 • FAX 310.566.9850
15 committed fraud on the copyright office in connection with his improper registrations.
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DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT
Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 9 of 25 Page ID #:2972
1 COUNTERCLAIMS
2 For their counterclaim against Plaintiff and Counter-Defendant Farhad Safinia
3 (“Safinia”) and complaint against third-party defendants Icon Productions, LLC (“Icon
4 Productions”), Bruce Davey (“Davey”), and Mel Gibson (“Gibson”) (collectively, “Third-
11 and/or interfere with Counter-Claimants’ ability to exploit the rights to distribute the
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401
13 2. Safinia is now alleging that he solely owns a September 14, 2017 polish of
14 the script for the Picture (“the Screenplay”) and has registered the Screenplay in the United
15 States Copyright Office claiming sole ownership thereof despite the fact that Safinia
16 entered into an agreement with Counter-Claimants for his writing services and also
17 executed a clear and unambiguous “Certificate of Authorship” providing that “all writings”
18 he created in connection with his work on the Picture would constitute works for hire
20 judgment declaring that the alleged copyright asserted by Safinia is invalid and
21 unenforceable and that he committed a fraud upon the Copyright Office. He cannot bring
24 3. By fraudulently registering his work as his own, Safinia has breached his
25 Certificate of Authorship (which was assigned to an affiliate of Counter-Claimants) and
27 “The Professor and the Madman: A Tale of Murder, Insanity, and the Making of the
/446433 9
DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT
Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 10 of 25 Page ID #:2973
1 4. Safinia has also breached his agreement with Counter-Claimants for his
2 directing services in connection with the Picture. Safinia has breached his directing
3 agreement by: (a) wrongfully cancelling multiple scenes, including the shooting of a scene
4 that had been scheduled for over four months to be shot in the Library of Trinity College in
5 Ireland involving two hundred extras and expensive set dressings thereby causing the
6 Picture to go overtime and overbudget; (b) wrongful ling canceling several other scscenes
7 and moving them to Ocford Engaldn wrongfully demanding that the production shoot
8 additional scenes in Oxford, England when the film was already overbudget and into
LLP
9 overtime; (c) failing to deliver a director’s cut of the Picture at two hours, which is the
KINSELLA WEITZMAN ISER KUMP & ALDISERT
10 length required for distributors and it was contractually required in all drafts of Safinia’s
TEL 310.566.9800 • FAX 310.566.9850
11 directing agreement that had been sent to Safinia’s lawyer; and (d) refusing to do any
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401
12 further work on the Picture unless the original editor, John Gilbert, was reengaged as editor
13 and a plan to shoot all scenes from Oxford was put in motion, instead of a reduced
14 schedule of shooting in Oxford that Defendants had proposed. Safinia has refused to even
15 review the current cut of the Picture or fulfill his obligation to complete the cutting of the
16 Picture.
19 Picture and prevent Counter-Claimants from exploiting the rights in the Picture. By
20 inducing Safinia to fraudulently register the script as his own, Third Party Defendants have
21 cast a cloud on copyright ownership of the Picture. Third-Party Defendants have made it
22 virtually impossible for Counter-Claimants to sell the right to distribute the Picture to film
24 damages.
28 relief arising under the Copyright Act, 17 U.S.C. §§101 et seq.; pursuant to the Declaratory
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DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT
Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 11 of 25 Page ID #:2974
1 Judgment Act, 28 U.S.C. §§ 2201 et seq.; and supplemental jurisdiction over the entire
3 7. The Court has personal jurisdiction over Third Party Defendants and venue
4 is proper in this District under 28 U.S.C. §§ 1391(b)-(c) and 28 U.S.C. § 1400(a), in that
5 the claims arise in this Judicial District where Third Party Defendants’ principal place of
6 business is located, where they regularly conduct business, and where the Counter-Claims
7 arose.
8 THE PARTIES
LLP
9 8. Voltage Pictures, LLC is, and at all relevant times mentioned herein was, a
KINSELLA WEITZMAN ISER KUMP & ALDISERT
10 limited liability company organized and existing under the laws of the State of California,
TEL 310.566.9800 • FAX 310.566.9850
12 9. Voltage Productions, LLC is, and at all relevant times mentioned herein was,
13 a limited liability company organized and existing under the laws of the State of Nevada,
15 10. Voltage Pictures, LLC and Voltage Productions, LLC will sometimes be
16 collectively referred to as “Voltage”.
17 11. Christchurch Productions, DAC is, and at all relevant times mentioned herein
18 was, a designated activity company organized and existing under the laws of the Republic
19 of Ireland.
20 12. Counter-Claimants are informed and believe, and on that basis allege, that.
21 Safinia is, and at all times relevant hereto was, an individual residing in the County of Los
22 Angeles, State of California and doing business within the County of Los Angeles, State of
23 California.
24 13. Counter-Claimants are informed and believe, and on that basis allege, that
25 Icon Productions is, and at all relevant times mentioned herein was, a limited liability
26 company organized and existing under the laws of the State of Nevada, and conducting
28 14. Counter-Claimants are informed and believe, and on that basis allege, that
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DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT
Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 12 of 25 Page ID #:2975
1 Bruce Davey is, and at all times relevant hereto was, an individual doing business within
2 the County of Los Angeles, State of California. Counter-Claimants are informed and
3 believe, and on that basis allege, that Davey is, and at all relevant times mentioned herein
5 15. Counter-Claimants are informed and believe, and on that basis allege, that
6 Mel Gibson is, and at all times relevant hereto was, an individual residing in the County of
7 Los Angeles, State of California and doing business within the County of Los Angeles,
8 State of California. Counter-Claimants are informed and believe, and on that basis allege,
LLP
9 that Gibson is, and at all relevant times mentioned herein was, a co-partner in Icon
KINSELLA WEITZMAN ISER KUMP & ALDISERT
11 16. Counter-Claimants are informed and believe, and on that basis allege, that, at
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401
12 all relevant times mentioned herein Safinia and Third-Party Defendants, and each of them,
13 were acting in concert or participation with each other, or were joint participants and
14 collaborators in the acts complained of, and were the agents or employees of the others in
15 doing the acts complained of herein, each and all acting within the course and scope of the
16 agency of and/or employment by the others, each and all acting in concert one with the
18 17. Counter-Claimants are informed and believe, and on that basis allege, that, at
19 all relevant times mentioned herein, Safinia and Third-Party Defendants, and each of them,
20 were, and are, the agents, servants, alter egos and/or employees of each of the other Safinia
21 and Third-Party Defendants, and all the things alleged to have been done by Safinia and
22 Third-Party Defendants were done in the capacity of and as agent, servant, alter ego and/or
23 employee of and for the other Safinia and Third-Party Defendants, with their knowledge
25 GENERAL ALLEGATIONS
26 VOLTAGE’S RIGHTS TO THE SCREENPLAY
27 18. In or around 2014, Voltage became interested in potentially producing a
28 motion picture based upon the book entitled, “The Professor and the Madman: A Tale of
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DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT
Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 13 of 25 Page ID #:2976
1 Murder, Insanity, and the Making of the Oxford English Dictionary,” (“the Book”) by
2 Simon Winchester. The Book tells the tale of Professor James Murray, a man who created
3 the first edition of the Oxford English dictionary with the help of numerous volunteers.
4 His most prolific contributor was Dr. William C. Minor, an American surgeon who was
5 held in a lunatic asylum for murder. Voltage was informed by Icon Productions that it
6 controlled the underlying rights to make a movie based on the Book. Voltage was further
7 informed by Icon Productions that it or its affiliate had acquired the rights to a script based
8 on the Book that had been originally prepared by Todd Komarnicki, and had later been
LLP
10 19. Effective March 12, 2015, Voltage Productions, on the one hand, and Icon
TEL 310.566.9800 • FAX 310.566.9850
11 Productions, on the other hand, entered into a collaboration agreement where Voltage
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401
12 Productions was engaged to exclusively submit the “Property,” defined as “The proposed
13 motion picture entitled ‘The Professor and the Madman’ (the ‘Picture’) based on the
15 potential lead actors for the role of Dr. William Minor, as well as produce and arrange the
16 financing of the production of the Project into a motion picture. Voltage Productions and
17 Icon Productions also agreed Voltage Productions would arrange for full financing for the
21 all of Airborne’s rights in the Picture. Although the Quitclaim Assignment was dated
22 August 21, 2016, it was actually executed on September 29, 2016, the day before principal
23 photography was set to begin. Voltage was told by Icon Productions that Airborne is an
24 “Icon Entity.” In the Quitclaim Assignment, Airborne assigned all of its right, title and
25 interest in and to the Picture to Definition Films. Airborne represented and warranted that
26 it had underlying rights in both the Book and the screenplay based on the book that had
27 been revised by Farhad Safinia. The Quitclaim Assignment specifically states that
28 Airborne is assigning “[a]ll rights in and to the book entitled ‘The Professor and the
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DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT
Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 14 of 25 Page ID #:2977
1 Madman’ written by Simon Winchester (‘Winchester’), and all rights in and to all drafts
2 and versions of the screenplay currently entitled ‘The Professor And The Madman’ written
3 by Farhad Safinia (‘Safinia’) and/or any other writer (based on the foregoing book)
6 Airborne Productions, Inc. (‘Airborne’) and Safinia wherein Safinia certifies that he was
7 engaged by Airborne “to render writing services in connection with the pre-existing script
8 entitled ‘The Professor and the Madman’ based on a book of the same name on a work for
LLP
9 hire basis.”
KINSELLA WEITZMAN ISER KUMP & ALDISERT
10 21. Definition Films has a Sales Agency Agreement with Voltage and a
TEL 310.566.9800 • FAX 310.566.9850
11 Production Services Agreement with Christchurch. Thus, Voltage and Christchurch are
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401
12 entitled to use the Screenplay in the creation and exploitation of their motion picture.
13 22. Icon Distribution, LLC and Icon Productions entered into a “Quitclaim
14 Agreement” with Definition Films, dated August 22, 2016, assigning to Definition Films
15 (inter alia) all of their right, title and interest in “[a]ll literary material relating to the
16 Picture including without limitation the ‘Literary Material’ set forth in Exhibit ‘A’ hereto,
17 and all copyrights in connection therewith, and all tangible and intangible properties
18 respecting the Picture” and “All contracts, agreements, assignments and instruments of
19 every kind and character under which Icon Distribution and/or Icon Productions have
20 heretofore acquired any right, title or Interest in or to the Picture, including without
22 23. Mr. Safinia is not the sole writer of the screenplay for the Picture. As
23 discussed above, Mr. Safinia performed revisions to prior draft scripts that had been
24 prepared by five-time Academy Award nominee John Boorman, whose credits include
25 “Excalibur,” “Deliverance,” “Hope and Glory,” and writer Todd Kormanicki, best known
26 as the screenwriter for the motion picture, “Sully.” The rights to the prior draft
27 screenplays prepared by Mr. Boorman, Mr. Kormanicki and Mr. Safinia were assigned by
28 Icon Distribution and Icon Productions to Definition Films as part of the Quitclaim
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DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT
Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 15 of 25 Page ID #:2978
1 Agreement described above. Accordingly, as of August 22, 2016, Definition Films had
2 acquired all rights necessary to make the Picture based on the Book and the screenplays
7 and lawyer, Warren Dern, regarding the specific terms of a directing agreement as well as
8 a writing agreement for Safinia to perform a “polish” or a minor rewrite of the existing
LLP
10 25. On August 5, 2016, Mr. Foreman made an offer to Mr. Greenberg to pay
TEL 310.566.9800 • FAX 310.566.9850
11 Safinia a total of $200,000 for his directing services and for performing a polish on the
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401
12 script. On August 23, 2016, Mr. Foreman wrote to Mr. Dern to offer to pay Safinia a total
13 of $200,000 for his directing services and for performing a polish on the script.
14 26. On September 27, 2016, Mr. Foreman followed up with Mr. Dern, inquiring
15 about the offer and noting that shooting was set to begin on Friday, September 30, 2016.
16 Mr. Dern finally responded on September 28, 2016 stating that Safinia wanted a fee of
17 $275,000. Mr. Foreman immediately responded the same day, stating “We are a bit late to
18 get into that now. I’ve been very clear about what we could do and about different options.
19 I only have 200 for him. thats it.” Mr. Dern responded, stating “Hmmmmm. Okay. We
23 the Picture began in Ireland with Safinia serving as the director of the Picture. Safinia had
25 prepare for principal photography on the Picture. The shooting script that Safinia was
26 almost identical to the Screenplay Safinia had revised in 2007; it simply made very minor
27 changes including reformatting the pagination of the Screenplay and cutting some scenes
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DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT
Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 16 of 25 Page ID #:2979
1 28. Furthermore, Safinia was paid for his work. It was later agreed with
2 Safinia’s lawyers, that of the $200,000 total he was to be paid, Safinia would be paid the
3 WGA minimum for a “polish” on the script, equivalent to a fee of $17,818. The balance of
4 $182,182 would be the fixed fee for his directing services. Production also agreed to pay
5 for all of Safinia’s costs he incurred in connection with the Picture, totaling the sum of
6 $56,816.
7 29. Mr. Dern informed Voltage Pictures to contact Safinia’s agent at William
8 Morris Endeavor (“WME”), in order to pay Safinia. On November 21, 2016,
LLP
9 Christchurch paid the sum of $17,818 to Safinia for his polish fee in care of his agents at
KINSELLA WEITZMAN ISER KUMP & ALDISERT
10 WME. In addition, on November 21, 2016, Christchurch paid Safinia the sum of
TEL 310.566.9800 • FAX 310.566.9850
11 $163,963.80 through his agents at WME, representing the amount due to him through
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401
17 Safinia. For example, near the close of shooting, Mel Gibson, Bruce Davey and Farhad
18 Safinia changed their minds and wrongfully refused to shoot a scene that had been
19 scheduled for over four months to be shot in the Library of Trinity College in Ireland
20 involving two hundred extras and expensive set dressings because Gibson, Davey and
21 Safinia now wanted the scene shot in Oxford, England. These issues caused the
22 production to extend two days past the schedule of forty shooting days and caused
23 additional costs to the production, which was over-budget by approximately $1.3 million.
24 31. Despite the fact that the Picture was over-budget and had gone into overtime,
25 Gibson, Davey and Safinia demanded that additional shoot days occur in Oxford, England.
26 The additional shoot days in Oxford, England demanded by Gibson, Davey and Safinia
27 would have caused the production to have to shoot an additional five days of overtime and
28 would cost an additional $2,500,000 USD when the production was already over-budget.
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DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT
Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 17 of 25 Page ID #:2980
1 32. In December 2016, Mr. Foreman, Mr. Rustam, and Mr. Chartier met with
2 Safinia and Gibson to discuss finishing the Picture. Safinia and Gibson requested that the
3 production shoot the “missing” Oxford scenes in January 2017. Mr. Chartier informed
4 them that, Safinia should finish his director’s cut of the Picture and see what scenes were
5 needed because the Picture had already gone into overtime in scheduling and over-budget
6 in Ireland, and the existing cut of the Picture was already two hours and forty-five minutes
7 and still “missing" twenty minutes of scenes that would be shot in Oxford, England.
8 However, per Safinia’s directing agreement, the Picture needed to be cut down to two
LLP
9 hours to meet the delivery requirements for film distributors. Mr. Chartier stated that they
KINSELLA WEITZMAN ISER KUMP & ALDISERT
10 should do a cut of the Picture and see what scenes were needed before doing additional
TEL 310.566.9800 • FAX 310.566.9850
12 33. On or around February 20, 2017, Safinia delivered a director’s cut of the
13 Picture that was two hours and forty minutes long. Safinia knew he was obligated to
14 deliver a cut at two hours since this is the length required for distributors and it was
15 contractually required in all drafts of his directing agreement that had been sent to
16 Safinia’s lawyers. On or around March 10, 2017, Safinia delivered another cut of the
Picture at two hours that everyone, including Davey and Gibson, agreed was not a strong
17
cut of the Picture. The Picture’s editor, John Gilbert, also left to go back to his native New
18
Zealand around this time.
19
34. Thereafter, Counter-Claimants began good faith plans and discussions to see
20
if the missing scenes in Oxford, England could be shot at a lower cost since the Picture
21
was already over budget. In April 2017, the production hired two highly respected editors,
22
Tim Squyres, and Dino Jonsater, to edit the Picture since Plaintiff failed to deliver a
23 director’s cut at its contractual length on time.
24 35. On May 4, 2017, the production invited Safinia to work with Tim Squyres on
25 editing the Picture. However, on May 5, 2017, Safinia notified Counter-Claimants that he
26 would not do any further work on the Picture until the original editor, John Gilbert, was
27 reengaged as editor and a plan to shoot all scenes from Oxford was put in motion, instead
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DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT
Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 18 of 25 Page ID #:2981
1 When Dino Jonsater came to Los Angeles for a month to work on the Picture, the
2 production again asked Safinia to work on the editing and again he declined.
3 36. Since that time Safinia, Gibson, and Davey have attempted to pressure
9
Court against the identical Defendants in this case alleging they had breached their
KINSELLA WEITZMAN ISER KUMP & ALDISERT
10
contract with Defendants by allegedly failing to allow additional scenes to be shot in
TEL 310.566.9800 • FAX 310.566.9850
11
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401
Oxford, England, and by failing to allow Safinia to create the final cut of “Professor and
12
the Madman.”
13
38. When Counter-Claimants vigorously defended the lawsuit, Icon, Davey, and
14
Gibson came up with another avenue of attack. Counter-Claimants are informed and
15
believe that Third-Party Defendants convinced Safinia to claim he owned the Screenplay
16
and commit fraud against the Copyright Office by illegally registering a copyright in his
17
revisions of the Screenplay. On August 4, 2017, the same attorney who represented Icon
18
registered the Screenplay at the United States Copyright Office. Then, on September 19,
19
2017, Safinia filed the instant lawsuit, echoing many of the same accusations alleged in
20
Icon’s lawsuit and naming the same set of Defendants. Safinia’s lawsuit was filed by the
21
same set of attorneys representing Icon in its lawsuit.
22
39. Due to the spurious cloud that Safinia’s fraudulent copyright registration has
23
cast on the Picture, Counter-Claimants are unable to sell the rights to the Picture and raise
24
money to reimburse financiers for their financial contributions to the Picture. It appears
25
that Counter-Claimants’ substantial investment in the Picture will be lost as a result of the
26
illegal actions of Safinia and Third-Party Defendants.
27
28
/446433 18
DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT
Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 19 of 25 Page ID #:2982
8 copyright claim to the Screenplay. Counter-Claimants seek the Court’s declaration that the
LLP
9 Copyright Act does not bestow upon Safinia the rights he has asserted and attempted to
KINSELLA WEITZMAN ISER KUMP & ALDISERT
12 connection with his work on the Picture would constitute works for hire under the
13 Copyright Act, and thus his revisions to the Screenplay constitute a work for hire; b) the
15 Simon Winchester, and the Screenplay drafted by Todd Komarnicki and revised by John
16 Boorman, and thus Safinia cannot claim a copyright in the work; and c) there is nothing
17 original in Safinia’s script to warrant protection as there are only minor changes between
19 42. Safinia has falsely filed for a copyright registration on the work in the
20 United States Copyright Office on August 4, 2017, and is falsely asserting sole ownership
21 of the Screenplay.
26 have a valid and enforceable copyright in the Screenplay and all of its iterations.
27
28
/446433 19
DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT
Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 20 of 25 Page ID #:2983
6 46. Safinia and Airborne signed a contract whereby all of Safinia’s writing
7 services in connection with “The Professor and the Madman” would be done on a work for
8 hire basis.
LLP
12 48. Counter-Claimants and Safinia then entered into another contract for
13 Safinia’s directing services and to perform a polish of his previous script. That contract
14 was an express contract pursuant to which Safinia was to be paid $200,000 for his
15 directing services and for performing a polish on the script. Safinia’s agents agreed to the
16 sum by replying “Okay.” Later, it was agreed by Safinia’s lawyers that of the $200,000
17 total he was to be paid, Safinia would be paid the WGA minimum for a “polish” on the
18 script, equivalent to a fee of $17,818, and the balance for his directing services.
19 49. The contract was also an implied contract. Safinia flew to Ireland to direct
20 the Picture using his shooting script after it was made clear that the offer was to pay him a
21 total of $200,000 for his services. Furthermore, Safinia agreed to the price to be paid after
22 he was in Ireland. This is reflected in a draft writing agreement between Vendetta, LLC
23 (an affiliate of Voltage) and Safinia reflecting the comments of Safinia’s lawyers showing
24 that they agreed that he was to be paid a WGA minimum fee, which is $17,818. Safinia’s
25 lawyer informed Voltage how Safinia was to be paid, and Safinia was paid a total of
27 50. Counter-Claimants have satisfied their obligations under the contract with
28 Safinia by paying his fee. Christchurch paid the sum of $17,818 to Safinia for his polish
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Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 21 of 25 Page ID #:2984
1 fee in care of his agents. In addition, Christchurch paid Safinia the sum of $163,963.80
2 through his agents at WME, representing the amount due to him through delivery of his
3 first cut of the Picture. Production also paid for Safinia’s expenses.
4 51. Safinia has breached his writing contracts by (1) reneging and repudiating
5 his agreement to accept $200,000 for his directing services and for performing a polish on
6 the script; (2) wrongfully refusing to enter into a written agreement documenting the
7 agreed-upon terms of his directing and writing contracts; and (3) wrongfully claiming
8 ownership of a September 14, 2017 script despite signing the COA and separately entering
LLP
10 52. Safinia has also breached his agreement with Counter-Claimants for his
TEL 310.566.9800 • FAX 310.566.9850
11 directing services in connection with the Picture. Safinia has breached his directing
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401
12 agreement by: (a) wrongfully cancelling multiple scenes, including the shooting of a scene
13 that had been scheduled for over four months to be shot in the Library of Trinity College in
14 Ireland involving two hundred extras and expensive set dressings thereby causing the
15 Picture to go overtime and overbudget; (b) wrongfully demanding that the production
16 shoot additional scenes in Oxford, England when the Picture was already overbudget and
17 into overtime; (c) failing to deliver a director’s cut of the Picture at two hours, which is the
18 length required for distributors and it was contractually required in all drafts of his
19 directing agreement that had been sent to Mr. Safinia’s lawyer; and (d) refusing to do any
20 further work on the Picture unless the original editor, John Gilbert, was reengaged as editor
21 and a plan to shoot all scenes from Oxford was put in motion, instead of a reduced
22 schedule of shooting in Oxford that Defendants had proposed. Safinia has refused to even
23 review the current cut of the Picture or fulfill his obligation to complete the cutting of the
24 Picture.
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8 polish of the script, and knew of the directing agreement between Safinia and Counter-
LLP
9 Claimants.
KINSELLA WEITZMAN ISER KUMP & ALDISERT
11 intended to disrupt Counter-Claimants’ ability to exploit, sell or distribute the Picture, after
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401
15 sole ownership of the Screenplay despite knowing that he had no right to claim ownership
19 several scenes and wrongfully demand that the production shoot additional scenes in
20 Oxford, England when the Picture was already overbudget and into overtime.
27 61. Counter-Claimants are informed and believe that Third Party Defendants
28 intended to induce Safinia to breach his contract or knew that breaching his contract was
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Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 23 of 25 Page ID #:2986
5 63. Counter-Claimants are informed and believe, and on that basis allege, that in
6 engaging in the misconduct alleged herein, Third-Party Defendants have acted with
15 65. Counter-Claimants were in talks to potentially sell the right to distribute the
16 Picture to film distributors in various territories. Contracts between these parties would be
19 66. Counter-Claimants are informed and believe that Safinia and Third-Party
20 Defendants knew of these relationships and potential deals.
21 67. Counter-Claimants are informed and believe that Safinia and Third-Party
22 Defendants intended to disrupt Counter-Claimants’ ability to sell or distribute the Picture,
24 68. Counter-Claimants are informed and believe that Safinia and Third-Party
25 Defendants knowingly and intentionally conspired with Safinia to fraudulently claim sole
26 ownership of the Screenplay despite knowing that Safinia had no right to claim ownership
27 of the Screenplay.
28 69. Counter-Claimants are informed and believe that Safinia and Third-Party
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Case 2:17-cv-06902-CBM-RAO Document 42 Filed 12/21/17 Page 24 of 25 Page ID #:2987
2 ability to sell or distribute the Picture, by casting a cloud on Counter-Claimants’ title to the
3 copyright in the Picture, thus preventing them from selling or distributing the picture.
4 70. Counter-Claimants are informed and believe that Safinia and Third Party
5 Defendants intended to disrupt the relationship between distributors and Counter-
6 Claimants or knew that the disruption was certain or substantially certain to occur.
7 71. The cloud on Counter-Claimants’ title to the copyright in the Picture has
8 disrupted the relationship between distributors and Counter-Claimants, and severely
LLP
11 amount to be determined at trial, and Third Party Defendants’ conduct was a substantial
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401
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4 Productions, DAC, and Nicolas Chartier hereby demands trial by jury on all issues so triable,
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DEFENDANTS’ ANSWER TO COMPLAINT; COUNTERCLAIMS AND THIRD-PARTY COMPLAINT