With a little more than a week left before Academy Awards nominations are set to be announced, Disney has been sued for allegedly copying the idea for Moana and its sequel.
Animator Buck Woodall, in a lawsuit filed on Friday in California federal court, claims Disney ripped off elements of a screenplay he wrote for an animated film called “Bucky.” Both works, which are set against the backdrop of an ancient Polynesian village, follow teenagers who defy their parents by embarking on dangerous voyages to save their homes while encountering spirits manifested as animals along the way.
The filing of Friday’s lawsuit follows a court ruling in November that Disney doesn’t have to face an identical copyright lawsuit brought by Woodall over Moana because he sued too late. The release of Moana 2 allowed him to initiate further legal action.
In that case, the court found that a jury should decide whether the works at issue are substantially similar if the statute of limitations had not passed. It also concluded that an individual at Disney Animation TV may have seen copyrighted materials for “Bucky” prior to the beginning of development for Moana, which was released in 2016.
“There is a disputed issue of genuine fact regarding substantial similarity and striking similarity between the parties’ works,” wrote U.S. District Judge Consuelo Marshall in the order.
Moana 2, which may garner an Academy Award nomination for best animated feature, debuted to $224.2 million at the box office, smashing numerous records on its way to the biggest five-day opening in history. The original grossed at least $687 million worldwide.
Disney didn’t immediately respond to a request for comment.
Starting in 2003, Woodall says he provided the screenplay and a trailer for “Bucky” to former Mandeville Films director of development Jenny Marchick, now DreamWorks Animation’s head of development for features. She allegedly asked about providing further materials — including character designs, production plans and storyboards — by assuring him she could greenlight the film. At the time, Mandeville had a first look deal with Disney and had offices on its facilities in Burbank, according to the complaint.
The lawsuit points to similarities between Moana and “Bucky.” One example: both celebrate a recurring theme of the Polynesian belief in spiritual ancestors manifested as animals. Other similarities include the protagonist’s journey starting with a turtle, a plot involving a symbolic necklace, a main character who encounters a demigod adorned with a giant hook and tattoos and a giant creature that’s concealed within a mountain.
“Disney’s Moana was produced in the wake of Woodall’s delivery to the Defendants of virtually all constituent parts necessary for its development and production after more than 17 years of inspiration and work on his animated film project,” states the complaint.
Also at issue are alleged overlaps between “Bucky” and Moana 2. Both works, for instance, feature the protagonist searching for an ancient island and undertaking a missions to break a curse. The lawsuit adds, “Moana and her crew are sucked into a perilous whirlpool-like oceanic portal, another dramatic and unique device-imagery found in Plaintiffs materials that could not possibly have been developed by chance or without malicious intentions.”
Woodall seeks damages equivalent to 2.5 percent of Moana‘s gross revenue, or $10 billion, as well as a court order barring further infringement of his copyrights.
On summary judgment in the other lawsuit brought by Woodall, Disney contested allegations that the works are similar and that no one involved in the creation of Moana saw Woodall’s materials. “Moana was not inspired by or based in any way on [Woodall] or his ‘Bucky’ project, which I learned of for the first time after this lawsuit was filed,” wrote director Ron Clements in a declaration to the court.
To support arguments that it created the movie on its own, Disney also submitted documents regarding the origin and development of Moana, including story ideas, pitch materials, written research, travel journals, and scripts.
The screenplay for “Bucky” has been registered with the Writers Guild of America, with the U.S. Copyright Office granting protection to the material.
