Hill v. Amazon

Case 2:24-cv-01587 Document 1 Filed 02/27/24 Page 1 of 19 Page ID #:1
1 Marc Toberoff (S.B. #188547)
2
mtoberoff@toberoffandassociates.com
TOBEROFF & ASSOCIATES, P.C.
3 23823 Malibu Road, Suite 50-363
4 Malibu, CA 90265
Telephone: (310) 246-3333
5 Facsimile: (310) 246-3101
6
Attorneys for Plaintiff
7
8
UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
11 Case No. 24-CV-1587

R. LANCE HILL, an individual,
12
COMPLAINT FOR:
13 Plaintiff,
[1] DECLARATORY RELIEF
14
v. [2] COPYRIGHT INFRINGEMENT
15
METRO-GOLDWYN-MAYER DEMAND FOR JURY TRIAL
16
STUDIOS INC., a Delaware
17 corporation, AMAZON
STUDIOS LLC, a California
18
limited liability company,
19 UNITED ARTISTS PICTURES
INC., a Delaware corporation, and
20
DOES 1-10,
21
Defendants.
22
23
24
25
26
27
28
1 Plaintiff R. Lance Hill (“Hill” or “Plaintiff”), for his complaint against

2 defendants Metro-Goldwyn-Mayer Studios Inc. (“MGM”), Amazon Studios
3 LLC (“Amazon Studios”), and United Artists Pictures Inc. (collectively,
4 “Defendants”), alleges as follows:
5 NATURE OF THE ACTION

6 1. Hill, also known as by his Hollywood pen name, David Lee Henry,
7 is an accomplished author of both American literature and film. Hill’s novels,
8 including Nails (1970), King of White Lady (1975), and The Evil That Men
9 Do (1978) showcase his talent for crafting compelling narratives infused with
10 suspense, intrigue, and psychological depth. As a screenwriter, he has lent his
11 creative vision to several notable films, such as Harry Tracy, Desperado
12 (1982), The Evil That Men Do (1984), 8 Million Ways to Die (1986), Road
13 House (1989) and Out for Justice (1991). Each screenplay bears the hallmark of
14 Hill’s distinctive storytelling style, characterized by sharp dialogue, dynamic
15 characters, and gripping plots that resonate with audiences long after the credits
16 roll.
17 2. Hill is the author of the original screenplay entitled Roadhouse

18 dated July 1986 (the “Screenplay”), which he wrote “on spec” on his own
19 initiative.
20 3. When United Artists Pictures, Inc. (“United Artists”) expressed

21 interest in producing a motion picture based on his Screenplay, Hill transferred
22 his copyright therein to the studio by a written assignment executed on
23 September 16, 1986. Thereafter, United Artists produced and exploited the 1989
24 motion picture, Road House (the “1989 Film”) based on the Screenplay.
25 4. On November 10, 2021, Hill properly availed himself of his right

26 under the Copyright Act to recover the copyright to his Screenplay by timely
27 serving United Artists’ successors with a statutory notice of termination of Hill’s
28 1986 copyright grant, under 17 U.S.C. § 203(a), bearing an effective termination
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1 date of November 11, 2023, and by filing the notice of termination with the U.S.
2 Copyright Office.
3 5. On November 11, 2023, the Screenplay’s copyright thereby duly

4 reverted to Hill under the Copyright Act. Yet, in contravention of the Act’s
5 fundamental authorial termination right, Defendants refused to acknowledge
6 Hill’s statutory termination.
7 6. Instead, Defendants steamrolled ahead with the production of a

8 remake of the 1989 Film (the “2024 Remake”) derived from Hill’s Screenplay.
9 Defendants’ unauthorized 2024 Remake was not completed until late January
10 2024, well after the effective date of Hill’s statutory termination. This case arises
11 from Defendants’ blatant copyright infringement due to their willful failure to
12 license the requisite motion picture and ancillary rights to Hill’s Screenplay
13 underlying their derivative 2004 Remake as required by law.
14 PARTIES
15 7. Plaintiff R. Lance Hill, aka David Lee Henry, is an individual,
16 citizen and resident of Canada.
17 8. Upon information and belief, Defendant MGM is a corporation

18 organized and existing under the laws of the State of Delaware, which has its
19 principal place of business in the County of Los Angeles, California.
20 9. Upon information and belief, Defendant Amazon Studios is a

21 limited liability company organized and existing under the laws of the State of
22 California, which has its principal place of business in the County of Los
23 Angeles, California.
24 10. Upon information and belief, Defendant United Artists Pictures Inc.
25 is a corporation organized and existing under the laws of the State of Delaware,
26 which has its principal place of business in the County of Los Angeles,
27 California.
28 / / /
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1 JURISDICTION AND VENUE

2 11. This is a civil action for copyright infringement and injunctive
3 relief under the United States Copyright Act, 17 U.S.C. §§ 101 et seq.
4 (hereinafter, “Copyright Act”) and the Declaratory Judgment Act, 28 U.S.C.
5 § 2201.
6 12. This Court has original subject matter jurisdiction over the claims
7 set forth in this complaint pursuant to the Copyright Act, 17 U.S.C. § 101 et seq.,
8 28 U.S.C. §§ 1331, 1332, and 1338(a), and the Declaratory Judgment Act, 28
9 U.S.C. § 2201.
10 13. Upon information and belief, this Court has personal jurisdiction
11 over MGM because it has its principal place of business in the State of
12 California and in this District, and because a substantial portion of the relevant
13 acts complained of herein occurred in the State of California and in this District.
15 over Amazon Studios because it has its principal place of business in the State of
16 California and in this District, and because a substantial portion of the relevant
17 acts complained of herein occurred in the State of California and in this District.
19 over United Artists Pictures Inc. because it has its principal place of business in
20 the State of California and in this District, and because a substantial portion of
21 the relevant acts complained of herein occurred in the State of California and in
22 this District.
23 16. Upon information and belief, venue is proper in this Court pursuant
24 to 28 U.S.C. § 1391(b)(1) because Defendants reside in this District, and
25 pursuant to 28 U.S.C. § 1391(b)(2) because a substantial part of the events
26 giving rise to this action occurred in this District.
27 17. Plaintiff is informed and believes and based thereon alleges that the
28 fictitiously named Defendants captioned hereinabove as Does 1 through 10,
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1 inclusive, and each of them (hereinafter “DOE(S)”) were in some manner
2 responsible or legally liable for the actions, damages, events, transactions and
3 circumstances alleged herein. The true names and capacities of such fictitiously
4 named defendants, whether individual, corporate, associate, or otherwise are
5 presently unknown to Plaintiff, and Plaintiff will amend this Complaint to assert
6 the true names and capacities of such fictitiously named Defendants when the
7 same have been ascertained. For convenience, each reference herein to a named
8 Defendant or to Defendants shall also refer to the Doe Defendants and each of
9 them.
10 18. Plaintiff is informed and believes and based thereon alleges that
11 each of the Defendants was the agent, partner, servant, employee, or employer of
12 each of the other Defendants herein, and that at all times herein mentioned, each
13 of the Defendants was acting within the course and scope of such employment,
14 partnership and/or agency and that each of the Defendants is jointly and
15 severally responsible for the damages hereinafter alleged.
16 STATUTORY BACKGROUND
17 19. The Copyright Act provides an author with the inalienable right to
18 recapture the copyright to the author’s creative material, after a lengthy waiting
19 period, by statutorily terminating without cause prior transfer(s) of such
20 copyright. Termination is carried out by simply serving advance notice of
21 termination on the original grantee or its successors and filing the notice with the
22 U.S. Copyright Office, within delineated time windows. 17 U.S.C. § 203(a).
23 20. Section 203(a) provides for the termination of post-1977 transfers

24 of rights under copyright by the author during a five (5) year period
25 commencing thirty-five (35) years after the date the rights were transferred. Id.
26 § 203(a)(3). The requisite notice of termination sets forth the “effective date” of
27 termination, within the five-year termination “window,” when the previously
28 transferred rights under copyright will be recaptured by the author. Notice of
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1 termination may be served by the author at any time between ten (10), and two
2 (2) years before the effective termination date. Id. § 203(a)(4)(A).
3 21. “Works for hire” are the sole exemption from the Copyright Act’s
4 termination provisions. Id. § 203(a).
5 22. The termination right is the most important authorial right provided
6 by the Copyright Act, short of copyright itself. Congress was therefore very
7 protective of the termination right and, to that end, enacted a number of
8 provisions to prevent any waiver or encumbrance of the termination interest
9 even by the author himself. For instance, “[t]ermination of the [author’s
10 copyright] grant may be effected notwithstanding any agreement [by the author]
11 to the contrary[.]” Id. § 203(a)(5).
12 23. Furthermore, “[h]armless errors in a [termination] notice that do not

13 materially affect the adequacy of the information required to serve the purposes
14 of . . . section [203(a)] of title 17, U.S.C. . . . shall not render the notice invalid.”
15 37 CFR § 201.10(e)(1).
16 24. Congress anticipated that an author’s exercise of his/her termination

17 right would usually result in a new license by the author to the terminated
18 grantee or its successors (like Defendants). To that end, Congress provided “the
19 original grantee” or its successor with the exclusive opportunity to re-license an
20 author’s recaptured copyright “after the notice or termination has been served,”
21 but before “the effective date of the termination.” Id. § 203(b)(4). The
22 termination provisions thus reflect a deliberate balance of competing interests.
23 25. Under the termination provisions, prior derivative works can

24 continue to be freely distributed just as before pursuant to the terms of the
25 author’s original grant. 17 U.S.C. § 203(b)(1). Thus, Hill’s recovery of the U.S.
26 copyright to the Screenplay does not prevent Defendants or its licensees from
27 continuing to exploit prior derivative works, including the original 1989 Film; it
28 simply requires a new license for remake or sequel films, and other derivative
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1 works completed after the effective November 11, 2023 Termination date, like
2 the 2024 Remake.
3 26. In addition, because the Copyright Act has no extraterritorial

4 application, foreign rights to the Screenplay also remain with Defendants,
5 notwithstanding Hill’s Termination. After the November 11, 2023 Termination
6 date, a new U.S. license from Hill to Defendants of the Screenplay would fairly
7 enable its author Hill to finally participate with others in the proven market
8 value and financial rewards of his original creation, precisely as Congress
9 intended. H.R. Rep. No. 94-1476, at 124 (1976).
10 FACTS COMMON TO ALL CLAIMS FOR RELIEF

11 The Chain of Title
12 27. In or around July of 1986, Hill authored the Roadhouse Screenplay
13 “on spec,” meaning that he wrote it on his own volition, in the hope of finding
14 an interested motion picture studio once the work was completed.
15 28. Under the Copyright Act (17 U.S.C. § 102(a)), Hill secured a
16 statutory copyright in his Screenplay the moment it was fixed in a tangible
17 medium of expression (i.e., when it was written) and regardless of whether or
18 when the Screenplay was published or registered.
19 29. Upon completion of the Screenplay, Hill’s agents at Creative Artists

20 Agency shopped the Screenplay to potential buyers.
21 30. United Artists recognized the potential in Hill’s spec Screenplay

22 and entered into a “Literary Purchase Agreement” with Hill doing business as
23 Lady Amos Literary Works, Ltd. (“Lady Amos”), his wholly owned loan-out
24 entity, and secured a copyright “Assignment” of all rights in the Screenplay from
25 Hill and Lady Amos, all executed on September 16, 1986 (collectively, the
26 “1986 Grant”). This culminated in the production and release of the now-iconic
27 1989 Film Road House starring Patrick Swayze derived from the Screenplay.
28 31. Hill had neither an employment nor a contractual relationship with
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1 United Artists when he wrote the Screenplay. Rather, United Artists attained the
2 1986 Grant from Hill well after the Screenplay had been completed.
3 32. On November 10, 2021, Hill properly availed himself of his

4 termination rights under the Copyright Act, 17 U.S.C. § 203(a), by serving
5 Defendants with a statutory notice of termination, terminating Hill’s 1986 Grant
6 of all rights under U.S. copyright in his Screenplay, effective November 11,
7 2023 (the “Termination”).
8 33. The Termination notice, which was recorded with the U.S.
9 Copyright Office on January 8, 2022 (Doc. No. V9985D535), fully complied
10 with Section 203(a) of the Copyright Act and the regulations promulgated
11 thereunder by the Register of Copyrights, 37 C.F.R. § 201.10.
12 34. Out of an abundance of caution, on November 10, 2021, Hill sent

13 an additional notice of termination, pursuant to 17 U.S.C. § 203(a), to Lady
14 Amos and Defendants, terminating any express or implied grant by Hill to Lady
15 Amos of any rights under U.S. copyright in the Screenplay, with an effective
16 termination date of November 11, 2023 (the “Lady Amos Termination”).
17 35. The Lady Amos Termination notice, which was recorded with the
18 U.S. Copyright Office on January 8, 2022 (Doc. No. V9982D930), likewise
19 complied with Section 203(a) of the Copyright Act and 37 C.F.R. § 201.10.
20 36. On November 11, 2023, the effective date of both the Termination
21 and the Lady Amos Termination, Hill once again became the sole owner of the
22 U.S. copyright in his original Screenplay.
23 37. On December 15, 2021, Defendants sent a letter to Plaintiff

24 objecting to the Termination on the purported grounds that Hill was barred from
25 exercising his statutory termination rights with respect to his 1986 Grant because
26 the Screenplay supposedly qualified as a work for hire for Hill’s wholly owned
27 loan-out entity Lady Amos. As the sole basis for their assertion Defendants cited
28 a conclusory form recitation in the 1986 Grant, drafted by United Artists, which
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1 says the Screenplay was purportedly a “work made for hire” for Lady Amos.
2 38. Plaintiff is informed and believes and thereon alleges that United
3 Artists, as well as other movie studies, included this form “work made for hire”
4 recitation by rote whenever transacting with an author’s loan-out entity
5 regardless of the true circumstances of a work’s creation and whether, as a
6 matter of fact and law, it even qualified as a “work made for hire” under the
7 Copyright Act.
8 39. Here, the Screenplay at issue, on both the facts and the law, did not
9 constitute or qualify in any respect as a “work made for hire” under the
10 Copyright Act, 17 U.S.C § 101.
11 40. Hill had no actual employment relationship with Lady Amos and
12 Hill did not conceive or write his spec Screenplay within the scope of any such
13 employment.
14 41. Hill was not paid a salary by Lady Amos, nor did Hill receive any
15 compensation from Lady Amos or any other entity to write the Screenplay.
16 Lady Amos did not withhold any income tax, social security and/or Medicare
17 (nor pay an employer’s matching amount), nor did Lady Amos report or pay
18 payroll taxes or Federal Unemployment tax (FUTA) with respect to Hill, as
19 required by law for actual employees. Hill also did not receive any customary
20 employment benefits from Lady Amos, such as healthcare, a pension,
21 unemployment insurance, or workers’ compensation.
22 42. Nor was the Screenplay written by Hill pursuant to a written

23 agreement or other written instrument wherein Lady Amos specially ordered or
24 commissioned Hill to write the Screenplay as Lady Amos’s “work made for
25 hire.”
26 43. Hill was Lady Amos’ sole owner, and the entity did not have any
27 actual employees, and had no separate operations from that of Hill. At all times
28 relevant, Hill exercised complete control of Lady Amos, which merely served as
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1 Hill’s alter ego for doing business.
2 44. Neither Lady Amos nor any person or entity assigned, supervised or
3 controlled Hill’s writing of the Screenplay. Hill had complete autonomy over
4 every aspect of the work’s creation. Lady Amos played no role in the writing of
5 the Screenplay. Lady Amos did not oversee or review Hill’s progress in writing
6 the Screenplay, participate in the Screenplay’s development, nor did it set any
7 deadlines for Hill with respect to his writing of the Screenplay.
8 45. Defendants’ contention that United Artists’ form recitation in the

9 1986 Grant retroactively converted Hill’s pre-existing spec Screenplay into a
10 work made for hire is contrary to law and, as such, United Artists’ post-facto
11 boilerplate is of no legal force and effect.
12 46. United Artists made Hill a party to the 1986 Grant and required
13 Hill’s notarized personal signature on the Assignment transferring the copyright
14 in his spec Screenplay to United Artists precisely because the Screenplay did not
15 actually qualify as Lady Amos’s “work made for hire.”
16 47. To the extent that the mere work for hire recitation inserted by
17 United Artists in the 1986 Grant is deemed or construed to effectively waive or
18 strip Hill of his inalienable termination right, as now claimed by Defendants, it
19 is also void ab initio as an “agreement to the contrary” under 17 U.S.C.
20 § 203(a)(5).
21 48. Defendants’ actions with respect to the 2024 Remake belie their
22 blanket assertion that Hills’ Termination is ineffective. Hill is informed and
23 believes and based thereon alleges that Defendants expressly and repeatedly set
24 and emphasized November 10, 2023 as their self-imposed deadline to complete
25 the 2024 Remake — the very day before Hill’s Termination was to take effect on
26 November 11, 2023. This is no coincidence.
27 49. Hill is further informed and believes and based thereon alleges that
28 Defendants went so far as to take extreme measures to try to meet this
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1 November 10, 2023 deadline, at considerable additional cost, including by
2 resorting to the use of AI (Artificial Intelligence) during the 2023 strike of the
3 Screen Actor’s Guild (“SAG”) to replicate the voices of the 2024 Remake’s
4 actors for purposes of ADR (Automatic Dialogue Replacement), all in knowing
5 violation of the collective bargaining agreements of both SAG and the Director’s
6 Guild of America (DGA) to which Defendants were signatories. These are not
7 the actions of companies that truly believe that Hill’s Termination is ineffective.
8 50. Ultimately, Defendants failed to complete the 2024 Remake until

9 late January 2024, well after Hill’s Termination had taken effect.
10 The 2024 Remake Exploits Hill’s Screenplay

11 51. As the 2024 Remake remade the 1989 Film, that was based on
12 Hill’s original Screenplay, it is unsurprising that the 2024 Remake’s shooting
13 script reveals key literary elements substantially similar to those contained in the
14 Screenplay, all as set forth in more detail in Exhibit 1, attached hereto and
15 incorporated by reference herein.
16 52. In summary, both the Screenplay and the 2024 Remake tell the
17 story of Dalton, a master of various fighting disciplines who is hired to be a
18 bouncer at a bar crawling with troublemakers. With a body covered in scars but
19 in peak physical condition, Dalton exudes a studied nature when it comes to his
20 work, a sort of Art of War approach to being a bouncer. He has a sixth sense for
21 detecting impending violence and displays a levelheaded temperament in violent
22 situations—unless his loved ones are harmed, which sets off a tremendous rage
23 in Dalton.
24 53. In both works, the introductory scenes establish Dalton’s high

25 threshold for pain by depicting him as unfazed when stabbed, which he proceeds
26 to treat himself. In both works, while tending to his stab wound, Dalton receives
27 a job offer to work as a bouncer at a bar with a rough and rowdy clientele.
28 54. In both works, the owner of the bar is stressed and overwhelmed
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1 with the violence and chaos that have overtaken their establishment. The
2 assortment of characters who cause trouble at the bar are depicted as violent and
3 cartoonishly crude.
4 55. In both works, Dalton encounters an initial adversary at the bar, a

5 rabble-rouser who frequently comes into the bar to cause trouble. In both works,
6 this antagonist is overconfident and instigates a fight with Dalton but is
7 outmatched by Dalton’s martial arts skills.
8 56. Both works depict the bar’s staff as lethargic and disinterested when
9 Dalton first arrives. In both works, Dalton becomes a mentor to younger
10 bouncers at the bar, who grow eager to learn and are somewhat in awe of Dalton.
11 Both works feature montages where different nights are presented in a
12 progression to show how Dalton trains the other bouncers how to react
13 appropriately to violent patrons and maintain order in the bar without resorting
14 to fighting, shaping them into a coherent team.
15 57. Both works are set in a sprawling bar with a stage for bands to
16 perform which is wrapped in chicken wire to protect the musicians from patrons
17 throwing objects, such as beer bottles, or otherwise attacking them.
18 58. In both works, Dalton has minimal worldly possessions. He drives

19 an old beat-up car and eschews staying at a local motel to live in an
20 unconventional, minimally appointed space. He speaks relatively little,
21 preferring to listen and observe, but opens up as the story progresses, especially
22 to his love interest—Dr. J. “Doc” Ellsworth in the Screenplay, and Dr. Elizabeth
23 “Ellie” Eames in the 2024 Remake.
24 59. Ellie, just like Doc, is confident and aggressive, a bit suspicious of
25 Dalton when they first meet in the emergency room where Dalton is being
26 treated for post-fight injuries, but intrigued by Dalton nonetheless. After the two
27 characters eventually begin a romantic relationship, Ellie, just like Doc, makes
28 the first move, physically, in their relationship.
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1 60. Ellie, just like Doc, is quite young for a doctor. In the Screenplay,
2 Doc’s father is only in his fifties and Dalton mistakes Doc for a nurse. The
3 shooting script for the 2024 Remake describes Ellie as being the “head of the ER
4 at 28.”
5 61. Both works depict similar themes regarding the undercurrent of

6 violence in America and examine through Dalton’s persona the complex nature
7 of masculinity.
8 62. Given that the 2024 Remake is clearly derived from Hill’s original
9 Screenplay, the Writers Guild of America has awarded Hill “Story by” credit on
10 the 2024 Remake (under his pseudonym David Lee Henry) and the credit:
11 “Based on the motion picture ‘Road House,’ Screenplay by David Lee Henry
12 and Hilary Henkin, Story by David Lee Henry.”
13 Defendants’ 2024 Remake Infringes Hill’s Copyright in His Screenplay

14 63. Despite the 2024 Remake’s obvious exploitation of the Screenplay,
15 Defendants did not bother to even try to secure a new license of film and
16 ancillary rights in the Screenplay following Hill’s recovery on November 11,
17 2023 of his U.S. copyright therein.
18 64. The 2024 Remake was not completed until well after the 1986
19 Grant had been statutorily terminated on November 11, 2023. Consequently, the
20 2024 Remake, unlike the 1989 Film, does not qualify for the “prior derivative
21 works exception” to statutory termination, 17 U.S.C. § 203(b)(1).
22 65. Hill is informed and believes and based thereon alleges that at all
23 relevant times hereto Defendants were and are involved in the financing,
24 production, and/or distribution of the 2024 Remake in the United States and that
25 Defendant MGM is the 2024 Remake’s purported copyright holder.
26 66. Without a newly secured license, Defendants’ exploitation of the

27 2024 Remake in the United States constitutes ongoing willful infringement of
28 Hill’s copyright, including without limitation, his exclusive right to “prepare
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1 derivative works based upon the copyrighted work,” 17 U.S.C. § 106(2), which
2 Defendants had owned pursuant to the 1986 Grant, but lost on November 11,
3 2023 under the Copyright Act.
4 67. On November 10, 2021, Defendants were placed on clear notice of

5 Hills’ pending recovery of the copyright to his Screenplay when Hill served
6 them with his statutory notices of termination, effective November 11, 2023.
7 Under 17 U.S.C. § 203(b)(4), Defendants, as successors to the 1986 Grant had
8 the ample and exclusive opportunity to re-license Hill’s Screenplay over the
9 two-year period between November 10, 2021 (when Hill’s notices of termination
10 were served) and November 11, 2023 (when the terminations became effective).
11 68. On December 15, 2021, however, Defendants responded in total

12 denial of the fact that they were required to secure a new copyright license from
13 Hill to continue exploiting his Screenplay. Instead, they attempted, contrary to
14 law, to metamorphose the Screenplay into an exempt work for hire based solely
15 on the post-facto “work made for hire” form recitation United Artists had
16 inserted in the 1986 Grant.
17 69. Hill is informed and believes and based thereon alleges that
18 Defendants will continue to prepare, produce, copy, distribute, exploit, and/or
19 authorize others to prepare, produce, copy, distribute, or exploit the infringing
20 2024 Remake and other derivative works which copy and exploit the Screenplay
21 in violation of the Copyright Act.
22 70. As a direct and proximate result of Defendants’ willful actions, Hill

23 will suffer imminent and irreparable harm, much of which cannot be reasonably
24 or adequately measured or compensated in damages.
25 COUNT I: DECLARATORY RELIEF

26 71. Plaintiff re-alleges and incorporates by reference paragraphs 1
27 through 70 inclusive, as though fully set forth herein.
28 72. By reason of the foregoing facts, an actual and justiciable
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1 controversy has arisen and now exists between Hill and Defendants regarding
2 their respective rights and interests regarding the Screenplay, for which Hill
3 desires a declaration of rights.
4 73. Hill contends and Defendants deny that Hill’s Termination or

5 alternatively, Hill’s Lady Amos Termination, is valid and effective under the
6 Copyright Act.
7 74. Hill thus seeks a declaration from this Court that:

8 a. Hill’s spec Screenplay does not constitute a “work made for
9 hire” under Section 101 of the Copyright Act (17 U.S.C. § 101);
10 b. Hill’s Termination, or alternatively, Lady Amos Termination, is
11 valid and effective under the Copyright Act (17 U.S.C. § 203
12 (a)), and as of November 11, 2023, the noticed termination date,
13 Hill owns an enforceable U.S. copyright in and to the original
14 Screenplay he solely authored; and
15 c. Without a new license for Hill, Defendants do not have any
16 rights to make, exploit, or distribute new derivative works based
17 in whole or in part on Hill’s Roadhouse Screenplay, including
18 the 2024 Remake Road House.
19 75. A declaration of the Court is necessary and appropriate pursuant to
20 the Declaratory Judgment Act, 28 U.S.C. §§ 2201 et seq., so that Hill may
21 ascertain his rights with respect to his Termination and Screenplay.
22 COUNT II: COPYRIGHT INFRINGEMENT

23 76. Plaintiff re-alleges and incorporates by reference paragraphs 1
24 through 75 inclusive, as though fully set forth herein.
25 77. Plaintiff Hill is the exclusive owner of all rights in and to the
26 original Screenplay Roadhouse which has been registered in his name with the
27 United States Copyright Office under Registration Number PA 2-455-802.
28 78. By Defendants’ exploitation and planned release of the 2024
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1 Remake, a motion picture plainly derived from the Screenplay, Defendants
2 knowingly and willfully infringed, and will continue to infringe, Hill’s copyright
3 and rights under copyright in the Screenplay.
4 79. Each infringement by Defendants and/or other parties of the

5 Screenplay constitutes a separate and distinct act of infringement.
6 80. Hill is further entitled to recover from Defendants the damages,

7 including pre-judgment interest, he sustained and will sustain, and any income,
8 gains, profits, and advantages obtained by Defendants as a result of their
9 wrongful acts alleged hereinabove, in an amount which cannot yet be fully
10 ascertained, but which shall be assessed at the time of trial.
11 81. Alternatively, Hill is entitled to the maximum statutory damages

12 recoverable, or for such other amounts as may be proper, pursuant to 17 U.S.C.
13 § 504.
14 82. Hill is further entitled to his attorneys’ fees and full costs pursuant
15 to 17 U.S.C. § 505.
16 83. The ongoing harm Defendants’ wrongful conduct will continue to

17 cause Hill is both imminent and irreparable. By reason of Defendants’ ongoing
18 and willful copyright infringement, Hill has sustained and, unless and until
19 Defendants are enjoined, will continue to sustain substantial imminent and
20 irreparable injury, loss and damage, including repeated infringement of his
21 copyright and interests, diminution of the value thereof, loss of customers, lost
22 opportunity, dilution of goodwill, and injury to his business reputation.
23 84. Hill has no adequate remedy at law for many of his injuries in that
24 such injuries cannot be reasonably, adequately, or precisely measured or
25 compensated in damages if such wrongful conduct is not restrained and is
26 allowed to continue unabated.
27 85. Pursuant to 17 U.S.C. § 502, Hill is entitled to a preliminary

28 injunction during the pendency of this action and a permanent injunction
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1 ordering that Defendants, their agents, employees, licensees and assigns be
2 enjoined from producing, reproducing, distributing and exploiting or authorizing
3 the production, reproduction, distribution or exploitation of the 2024 Remake
4 and ancillary products based thereon, derived from the Screenplay, and from
5 engaging in any further violations of the Copyright Act.
6 PRAYER FOR RELIEF

7 ON THE FIRST CLAIM FOR RELIEF
8 1. For a declaration that Hill’s Termination, or alternatively, Lady
9 Amos Termination, is valid and effective and that accordingly, on November 11,
10 2023, Hill duly recovered the U.S. copyright to his original Roadhouse
11 Screenplay;
12 2. For a declaration that, as of November 11, 2023, Defendants did not

13 have any rights to make, produce or distribute the 2024 Remake or any other
14 post-termination derivative work based in whole or in part on the Screenplay
15 and/or the 1989 Film (as derived from the Screenplay); and
16 3. For an order preliminarily during the pendency of this action and

17 thereafter, permanently, enjoining Defendants, their officers, agents, employees,
18 licensees, and assigns, and all persons acting in concert with them, from
19 distributing the 2024 Remake and any other derivative work based in whole or
20 in part on the Screenplay and/or the 1989 Film (as derived from the Screenplay).
21 ON THE SECOND CLAIM FOR RELIEF

22 4. For an order preliminarily during the pendency of this action and
23 thereafter, permanently, (i) enjoining Defendants, their officers, agents,
24 employees, licensees and assigns, and all persons acting in concert with them,
25 from infringing the copyright in the Screenplay, in any manner, and (ii)
26 enjoining Defendants, their officers, agents, employees, licensees and assigns,
27 and all persons acting in concert with them, from engaging in or authorizing the
28 production, reproduction, distribution, display and/or exploitation of the
- 16 -
1 infringing 2024 Remake and ancillary products based thereon, derived from the
2 Screenplay, without a new license from Hill;
3 5. For compensatory and consequential damages, according to proof

4 in an amount determined at trial, together with interest thereon as provided by
5 law;
6 6. For an accounting and restitution to Hill of all gains, profits and

7 advantages Defendants have derived from their production, distribution, display
8 and exploitation of the infringing 2024 Remake, ancillary exploitations based
9 thereon, and from their copyright infringement of the Screenplay;
10 7. In the alternative to actual damages, for statutory damages pursuant

11 to 17 U.S.C. §504(c), which election Hill shall make prior to the rendering of
12 final judgment herein; and
13 8. For such further relief and remedies available under the Copyright
14 Act, 17 U.S.C. §§ 101 et seq., which the Court may deem just and proper.
15 ON ALL CLAIMS FOR RELIEF

16 9. For Hill’s costs of suit;
17 10. For interest at the highest lawful rate on all sums awarded to Hill
18 other than punitive damages;
19 11. For reasonable attorneys’ fees; and

20 12. For such other and further relief as the Court deems just and
21 appropriate.
22
DATED: February 27, 2024 Respectfully Submitted,
23
24 TOBEROFF & ASSOCIATES, P.C.
25 By: /s/ Marc Toberoff

26 Marc Toberoff
27 Attorneys for Plaintiff

28
- 17 -
1 DEMAND FOR JURY TRIAL

2 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff
3 hereby demands a trial by jury for all issues triable to a jury.
5
DATED: February 27, 2024 Respectfully Submitted,
6
7 TOBEROFF & ASSOCIATES, P.C.
8 By: /s/ Marc Toberoff

9 Marc Toberoff
10 Attorneys for Plaintiff

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- 18 -
Case 2:24-cv-01587 Document 1-1 Filed 02/27/24 Page 1 of 10 Page ID #:20
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EXHIBIT 1
23
24
25
26
27
28
1 Chart of Similarities
2
3
Hill’s 1986 Spec Script “Roadhouse” “Road House” 2024 Shooting Script
4
Characters
5
6 • The main protagonist of Hill’s 1986 • The main protagonist of the Shooting
Spec Script, entitled “Roadhouse” (the Script for the 2024 film Road House
7 “1986 Spec Script”) is a bouncer (the “2024 Shooting Script”) is a
named “Dalton.” bouncer named “Dalton.”
8
• Dalton is described as having a body • Dalton is described as having a body
9 riddled with injuries from his past, but covered in scars from injuries in his
10 also as being in peak physical past, but also as muscled and having
condition. the body of a fighter.
11
• Dalton is depicted as having • Dalton is depicted as having
12 exceptionally minimal worldly exceptionally minimal worldly
possessions. possessions.
13
14 • Dalton is depicted as living an itinerant • Dalton is depicted as living an itinerant

lifestyle. He goes from place to place, lifestyle. He’s haunted by an incident
15 driven by forces that are hinted at but in his past, but this is not fully
never fully revealed. explored.
16
• Dalton is depicted as having an air of • Dalton is depicted as having an air of
17 mystery about him; when he arrives at mystery about him; when he arrives at
18 the Double Deuce, the bar where he the Road House, the bar where he has
has been recruited to work, the staff been recruited to work, the staff aren’t
19 aren’t quite sure what to make of him, quite sure what to make of him,
beyond his reputation as a fighter. beyond his reputation as a fighter.
20
• Dalton is depicted as being very • Dalton is depicted as being very
21 independent; he doesn’t rely on others independent; he doesn’t rely on others
22 for support or validation, and he is for support or validation, and he is
shown to travel alone and lives life on shown to travel alone and lives life on
23 his own terms. his own terms.
24 • Dalton is depicted as having a sixth • Dalton is depicted as having a sixth

sense for detecting impending sense for detecting impending
25 violence; he sees trouble about to break violence; he sees trouble about to break
26 out before others (including his fellow out before others (including his fellow
bouncers) do. bouncers) do.
27
28
-1-
1 • Dalton is portrayed as being very • Dalton is portrayed as being very

confident; he acts with a purpose and is confident; he acts with a purpose and is
2 very sure of his abilities and decisions, very sure of his abilities and decisions,
especially when it comes to his job and especially when it comes to his job and
3
the strategy and (sometimes) violence the strategy and (sometimes) violence
4 that he deploys. that he deploys.
5 • Dalton is depicted as having a strong • Dalton is depicted as having a strong

moral compass; he despises bullies, as moral compass; he despises bullies, as
6 evidenced by his disdain for Kenny evidenced by his quickness to violence
James (a violent and disruptive bar when Dell and his goons are hassling
7
patron) who mistreats his girlfriend Billy, a bartender at the Road House.
8 and others at the Double Deuce.
9 • Dalton is depicted as being • Dalton is depicted as being

emotionally reserved, both in his emotionally reserved, both in his
10 relationship with his love interest relationship with his love interest,
(“Doc”) and in bouncing scenarios (“Ellie”, also a doctor) and in bouncing
11
where others would lose their cool. scenarios where others would lose their
12 cool.
13 • Dalton is shown to have a developed • Dalton is shown to have a developed

knowledge of human anatomy. knowledge of human anatomy.
14
• Dalton acts as a mentor to younger • Dalton acts as a mentor to younger
15
bouncers at the Double Deuce, bouncers at the Road House,
16 particularly Ginger (who hounds particularly Billy (who starts off as a
Dalton until he agrees to train him as a bartender but is transformed into a
17 bouncer). bouncer by Dalton).
18 • Dalton drinks coffee throughout the • Dalton drinks coffee throughout the
1986 Spec Script. 2024 Shooting Script.
19
20 • Dalton drives a beat-up car with “faded • Dalton drives a beat-up “surprisingly
paint [and] a forgotten air about it.” shitty” car.
21
• Dalton is depicted as being quite • Dalton is depicted as being quite
22 levelheaded, even in situations that levelheaded, even in situations that
escalate into violence; when he must escalate into violence; when he must
23
fight, he does, but he does so in a fight, he does, but he does so in a
24 controlled, efficient manner. However, controlled, efficient manner. However,
when people he cares about are harmed when people he cares about are in
25 (e.g., Wade, his mentor, is killed), a danger (e.g., Ellie, is kidnapped), a
switch seems to flip, and he goes into a switch seems to flip, and he goes into a
26 fit of rage. fit of rage.
27
28
-2-
1 • Dalton is depicted as having a studied • Dalton is depicted as having a studied

nature when it comes to his work; he nature when it comes to his work; he
2 has a sort of Art of War approach to has a sort of Art of War approach to
being a bouncer. being a bouncer.
3
4 • Dalton, at first, speaks relatively little, • Dalton, at first, speaks relatively little,
preferring to listen and observe. As the preferring to listen and observe. As the
5 story progresses, he opens up, story progresses, he opens up,
especially in instructing the younger especially in instructing the younger
6 bouncers at the Double Deuce, and in bouncers at the Road House, and in his
his growing relationship with his love growing relationship with his love
7
interest, Doc. interest, Ellie.
8
• Dalton is depicted as a master of • Dalton is depicted as a master of
9 various fighting disciplines, which he various fighting disciplines, which he
mixes seamlessly. mixes seamlessly.
10
• Dalton is shown to be thoughtful and • Dalton is shown to be thoughtful and
11
reflective, and at times even sensitive, reflective, and at times even sensitive,
12 but also capable of extreme violence. but also capable of extreme violence.
13 • Dalton is underestimated by potential • Dalton is underestimated by potential

opponents, primarily because of his opponents, primarily because of his
14 size and his Zen-like demeanor. size and Zen-like demeanor.
15 • “Doc” is a female doctor with whom • “Ellie” is Dr. Elizabeth Eames, with
16 Dalton has a romantic relationship. whom Dalton has a romantic
relationship.
17
• Doc is confident and aggressive; she’s • Ellie is confident and aggressive; she’s
18 a bit suspicious of Dalton when they critical of Dalton when they first meet
first meet (in the E.R. where Dalton is (in the E.R. where Dalton is being
19
being treated for post-fight injuries), treated for post-fight injuries), but she
20 but she appears to be intrigued by appears to be intrigued by Dalton’s
Dalton’s demeanor, and is a bit demeanor, and is a bit flirtatious.
21 flirtatious.
22 • Doc is young for a doctor (her father, • Ellie is young for a doctor; she is
also a doctor, is only in his 50s), and described as being the “head of ER by
23
Dalton mistakes her for a nurse. 28.”
24
• Once Dalton and Doc begin to see each • Once Dalton and Ellie begin to see
25 other, their conversations are marked each other, their conversations are
by Doc trying to get a better sense of marked by Ellie trying to get a better
26 Dalton, his history and his motivations, sense of Dalton, his history and his
which Dalton gently resists. motivations, which Dalton gently
27
resists.
28
-3-
1 • Doc is depicted as having a spirited • Ellie is depicted as having a spirited

and adventurous personality; despite and adventurous personality; despite
2 her education and profession, she’s not her education and profession, she’s not
intimidated by Dalton, nor does she act intimidated by Dalton, nor does she act
3
in a shy or reserved way in their in a shy or reserved way in their
4 interactions. interactions.
5 • Kenny James is a rabble-rouser that • Dell is a rabble-rouser that frequently

frequently comes into the bar and comes into the bar and causes trouble.
6 causes trouble.
7
• Kenny James is overconfident and • Dell is overconfident and instigates a
8 instigates a fight with Dalton. He is fight with Dalton. He is outmatched by
outmatched by Dalton. Dalton.
9
• Tilghman, the owner of the Double • Frankie, the owner of the Road House,
10 Deuce, is stressed by the pervasive is stressed by the pervasive violence
violence and chaos that has overtaken and chaos that has overtaken her bar.
11
his bar.
12
• Ginger, the young, aspiring and • Billy, the young enthusiastic bartender
13 enthusiastic bouncer who Dalton takes who Dalton takes under his wing and
under his wing is eager to learn and transforms into a bouncer is eager to
14 somewhat in awe of Dalton. learn and somewhat in awe of Dalton.
15 • The assortment of “baddies” who • The assortment of “baddies” who
16 cause trouble at the Double Deuce are cause trouble at the Road House are
depicted as violent and cartoonishly depicted as violent and cartoonishly
17 crude. crude.
18 Setting
19 • The Double Deuce is a “sprawling” • The Road House is a “big” roadhouse
20 roadhouse bar that has seen better days bar that is described as having “very
and is “half full” when Dalton first few customers,” when Dalton first
21 arrives. arrives.
22 • The Double Deuce has a stage for • The Road House has a stage for bands
bands to perform, and the stage is to perform, and the stage is wrapped in
23 wrapped in chicken wire to protect the chicken wire to protect the bands from
24 bands from patrons throwing beer patrons throwing beer bottles or
bottles or otherwise attacking them. otherwise attacking them.
25
• Dalton lives in an unconventional, • Dalton lives in an unconventional,
26 minimally appointed place (a room minimally appointed place (a
above a rancher’s horse barn). houseboat).
27
28
-4-
1 Plot
2 • The 1986 Spec Script opens with the • The 2024 Shooting Script opens with
Double Deuce’s owner, Tilghman, the Road House’s owner, Frankie,
3 scouting Dalton at work as a bouncer scouting a fighter at an event in a
4 in a bar called The Edge. warehouse; but, as soon as that fighter
refuses to fight Dalton, she focuses on
5 him.
6 • Dalton attempts to cool down a • As Dalton leaves the warehouse, an

situation at The Edge, but is challenged irate fan, who lost money because of
7 by a rowdy patron, who cuts him with Dalton, attacks him with a knife, and
8 a metal nail file. Dalton barely reacts runs off. Dalton is seemingly
and the man is escorted out by others. unperturbed by the knife sticking out
9 of his side.
10 • Dalton is stitching his wound closed by • Dalton is then approached by Frankie,

hand when he is approached by who points out the knife in his side.
11 Tilghman. Tilghman grimaces, but Dalton removes the knife and closes
12 then describes his situation, i.e., that he the wound with duct tape, while
owns a bar in Kansas City, the Double Frankie grimaces. Frankie then
13 Deuce, which is out of control and in describes her situation. i.e., that she
need of a bouncer. After a quick owns a bar in the Florida Keys that is
14 negotiation, Dalton accepts Tilghman’s out of control and being trashed every
offer of $5,000 upfront, and all medical night. She offers Dalton a job as a
15 expenses, to work at his bar. bouncer at $5,000/week, which he
16 refuses initially. Frankie convinces
Dalton to take her phone number.
17
• Dalton goes to Kansas City, where the • Dalton goes to Glass Key, where the
18 Double Deuce is located. Road House is located.
19 • When Dalton arrives at the Double • When Dalton arrives at the Road
20 Deuce, he finds the place “half full,” House, he finds the place “with very
with a staff that appear resigned to few customers” and a staff that appear
21 things the way they are. resigned to things the way they are.
22 • Once night falls, however, the Double • Once night falls, however, the Road
Deuce becomes chaotic and extremely House becomes chaotic and extremely
23 violent. violent.
24
• A bar patron throws a beer bottle at the • A bar patron throws a beer bottle at the
25 band playing and it crashes against the band playing and it crashes against the
chicken wire around the stage. chicken wire around the stage.
26
• Dalton watches the first fight at the • Dalton watches the first fight at the
27 Double Deuce from the bar with Road House from the bar with
28 amusement and detachment. amusement and detachment.
-5-
1 • Dalton sets about finding a place to • Dalton sets about finding a place to
live; he eschews staying at a local live; he eschews staying at a local
2 motel, and instead opts to rent a room motel, and instead opts to live in a
above a horse barn. houseboat at the local marina.
3
4 • At first, Dalton mostly just observes • At first Dalton mostly just observes
from the bar watching the other from the bar, watching the other
5 bouncers and how they handle various bouncers and how they handle various
situations that arise with drunk and/or situations that arise with drunk and/or
6 violent patrons. violent patrons.
7
• When Dalton fights Kenny James, he • When Dalton fights Dell, he displays
8 displays mixed martial arts techniques superior skills by expertly dodging his
and his superior skills by expertly blows and then knocking him out.
9 dodging his blows. He sustains a kick Dalton is then attacked by Dell’s
in the ribs but maintains his intensity goons, who he beats one by one with
10 and control and knocks James down. intensity and control, displaying mixed
martial arts techniques.
11
12 • After Dalton defeats Kenny, he shows • After beating up Dell and his goons, he
empathy by requesting that Kenny be shows empathy by driving them to the
13 taken to the hospital. hospital.
14 • After the fight with Kenny, Dalton • After the fight with Dell and his goons,
goes to the hospital and encounters Dalton goes to the hospital and
15
Doc for the first time. She realizes that encounters the doctor, Ellie, for the
16 Kenny, who is also at the hospital, is first time. She realizes Dell and his
there because of Dalton’s handiwork. goons are there because of Dalton’s
17 She then treats Dalton and is clearly handiwork. She then treats Dalton for
intrigued by him– in particular the the stab wound he duct-taped. When
18 record of violence borne by his body, Dalton takes off his shirt, she’s
as shown in x-rays, but she rebuffs his intrigued, “impressed” by his
19
offer to go out for coffee. “roadmap of scars,” but remains
20 somewhat aloof before he leaves.
21 • Dalton and Doc eventually begin a • Dalton and Ellie eventually begin a
romantic relationship. romantic relationship.
22
• Doc and Dalton go a date, and at the • Ellie and Dalton go on a date, and at
23
end of the date, Doc makes the first the end of the date, Ellie makes the
24 move, leans in, and kisses him. first move, leans in, and kisses him.
25 • As the 1986 Spec Script progresses, • As the 2024 Shooting Script

Dalton adds members to his team of progresses, Dalton adds members to
26 bouncers at the Double Deuce. his team of bouncers at the Road
House.
27
28
-6-
1 • The 1986 Spec Script features • The 2024 Shooting Script features
montages where different nights are montages where different nights are
2 presented in a progression to show how presented in a progression to show how
Dalton has trained the other bouncers Dalton has trained the other bouncers
3
to react appropriately to violent to react appropriately to violent
4 patrons, and maintain order in the bar patrons, and maintain order in the bar
without resorting to fighting. He is without resorting to fighting. He is
5 shaping them into a coherent team, and shaping them into a coherent team, and
is depicted as being pleased with his is depicted as being pleased with his
6 results. results.
7
• As the situation at the Double Deuce • As the situation at the Road House
8 improves, there are scenes of the band improves, there are scenes of the band
playing brilliantly, interspersed playing brilliantly, interspersed
9 throughout. throughout.
10 • One night after leaving the Double • One night after leaving the Road
Deuce, Dalton is chased by goons in a House, Dalton is chased by a goon in a
11
truck, and narrowly escapes. truck, is nearly killed, but narrowly
12 escapes.
13 • In another incident, Dalton is tracked • In another incident, Dalton is tracked

down by some goons that he had down by some goons that are
14 ejected and embarrassed in a fight at associates of those he had ejected and
the Double Deuce. He fights them embarrassed in a fight at the Road
15
again, and beats them handily. House. He violently disarms one,
16 which scares off the other.
17 • Wade, Dalton’s mentor, is killed, • The bookstore of Dalton’s friends

sending Dalton into a rage, and (Stephen and Charlie), is viciously
18 prompting him to seek revenge against burned down, sending Dalton into a
the perpetrators. rage, and prompting him to seek
19
revenge against the perpetrators.
20
• In a climactic fight at the end of the • In a climactic fight at the end of the
21 1986 Spec Script, Dalton and his 1986 Spec Script, Dalton and his
friends emerge victorious. friends emerge victorious.
22
• After the final fight sequence, the • After the final fight sequence, the
23
police give Dalton a pass, let him leave police give Dalton a pass, let him leave
24 and then he drives out of town. and then he takes a bus out of town.
25 Themes
26 • There are heroes among us, and they • There are heroes among us, and they
emerge at unexpected times and emerge at unexpected times and
27 places; here, in the form of Dalton. places; here, in the form of Dalton.
28
-7-
1 • The righteous triumph of good over • The righteous triumph of good over
evil. evil.
2
• The visceral reality of violence • The visceral reality of violence
3 pervading (then) modern-day America. pervading modern-day America.
4
• There are those who act with reckless • There are those who act with reckless
5 impunity, as if above the law. impunity, as if above the law.
6 • The complicated nature of masculinity • The complicated nature of masculinity

is explored throughout. Dalton’s is explored throughout. Dalton’s
7 masculinity is contrasted against complex masculinity is contrasted
8 characters like Kenny James who against characters like Dell and Knox
flaunt Troglodyte masculinity. who flaunt Troglodyte masculinity.
9
• Found family. Dalton instills a • Found family. Dalton instills a
10 camaraderie amongst the employees of camaraderie amongst the employees of
the Double Deuce and by the end of his the Road House and by the end of his
11 time there, they are like a family. time there, they are like a family.
12
• Moral ambiguity. Dalton is portrayed • Moral ambiguity. Dalton is portrayed
13 in a positive light, but at the same time in a positive light, but at the same time
he resorts to violence to solve he resorts to violence to solve
14 problems. problems.
15 Dialogue
16
• The antagonists, whether Kenny James • The antagonists whether Dell or other
17 or other tough guys who start trouble at tough guys who start trouble at the
the Double Deuce, speak in Road House, like Ben Brandt to Knox,
18 braggadocious, exaggerated idiom. speak in braggadocious, exaggerated
idiom.
19
20 • Dalton’s dialogue is unusually • Dalton’s dialogue is unusually

measured and calm when he speaks to measured and calm when he speaks to
21 those who threaten him with violence. those who threaten him with violence.
22 Mood
23 • The scenes set at the Double Deuce • The scenes set at the Road House
vibrate with intensity and kinetic vibrate with intensity and kinetic
24
energy. energy.
25
• An omnipresent mood of impending • An omnipresent mood of impending
26 violence and danger pervades the 1986 violence and danger pervades the 2024
Spec Script. Shooting Script.
27
28
-8-
1 • As Dalton cracks down on problematic • As Dalton cracks down on the

patrons, the Double Deuce becomes a problematic patrons, the Road House
2 more vibrant and fun environment, becomes a more vibrant and fun
where people drink, dance and enjoy environment, where people drink,
3
themselves. dance and enjoy themselves.
4
• The mood is testosterone-fueled, • The mood is testosterone-fueled,
5 especially in the personage of the especially in the personage of the
various toughs who frequent the various toughs who frequent the
6 Double Deuce, but this is tempered by Double Deuce, but this is tempered by
Dalton’s reserved demeanor. Dalton’s reserved demeanor.
7
8 Pace
9 • The pace of the 1986 Spec Script is • The pace of the 2024 Shooting Script
fast and frenetic, with a stream of is fast and frenetic, with a stream of
10 barroom brawls and intense barroom brawls and intense
confrontations. There are, however, confrontations. There are, however,
11 breaks in the action for character breaks in the action for character
12 development (particularly for Dalton development (particularly for Dalton
and Doc). and Ellie).
13
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-9-

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Case 2:24-cv-01587 Document 1 Filed 02/27/24 Page 1 of 19 Page ID #:1

1 Marc Toberoff (S.B. #188547)

11 Case No. 24-CV-1587

1 Plaintiff R. Lance Hill (“Hill” or “Plaintiff”), for his complaint against

3 LLC (“Amazon Studios”), and United Artists Pictures Inc. (collectively,

4 “Defendants”), alleges as follows:

5 NATURE OF THE ACTION

10 suspense, intrigue, and psychological depth. As a screenwriter, he has lent his

11 creative vision to several notable films, such as Harry Tracy, Desperado

14 Hill’s distinctive storytelling style, characterized by sharp dialogue, dynamic

17 2. Hill is the author of the original screenplay entitled Roadhouse

20 3. When United Artists Pictures, Inc. (“United Artists”) expressed

22 his copyright therein to the studio by a written assignment executed on

25 4. On November 10, 2021, Hill properly availed himself of his right

27 serving United Artists’ successors with a statutory notice of termination of Hill’s

28 1986 copyright grant, under 17 U.S.C. § 203(a), bearing an effective termination

3 5. On November 11, 2023, the Screenplay’s copyright thereby duly

5 fundamental authorial termination right, Defendants refused to acknowledge

6 Hill’s statutory termination.

7 6. Instead, Defendants steamrolled ahead with the production of a

11 from Defendants’ blatant copyright infringement due to their willful failure to

13 underlying their derivative 2004 Remake as required by law.

17 8. Upon information and belief, Defendant MGM is a corporation

19 principal place of business in the County of Los Angeles, California.

20 9. Upon information and belief, Defendant Amazon Studios is a

1 JURISDICTION AND VENUE

4 (hereinafter, “Copyright Act”) and the Declaratory Judgment Act, 28 U.S.C.

25 pursuant to 28 U.S.C. § 1391(b)(2) because a substantial part of the events

26 giving rise to this action occurred in this District.

1 inclusive, and each of them (hereinafter “DOE(S)”) were in some manner

4 named defendants, whether individual, corporate, associate, or otherwise are

15 severally responsible for the damages hereinafter alleged.

19 period, by statutorily terminating without cause prior transfer(s) of such

20 copyright. Termination is carried out by simply serving advance notice of

22 U.S. Copyright Office, within delineated time windows. 17 U.S.C. § 203(a).

23 20. Section 203(a) provides for the termination of post-1977 transfers

27 termination, within the five-year termination “window,” when the previously

28 transferred rights under copyright will be recaptured by the author. Notice of

2 (2) years before the effective termination date. Id. § 203(a)(4)(A).

7 protective of the termination right and, to that end, enacted a number of

8 provisions to prevent any waiver or encumbrance of the termination interest

9 even by the author himself. For instance, “[t]ermination of the [author’s

11 to the contrary[.]” Id. § 203(a)(5).

12 23. Furthermore, “[h]armless errors in a [termination] notice that do not

16 24. Congress anticipated that an author’s exercise of his/her termination

19 original grantee” or its successor with the exclusive opportunity to re-license an

22 termination provisions thus reflect a deliberate balance of competing interests.

23 25. Under the termination provisions, prior derivative works can

2 the 2024 Remake.

3 26. In addition, because the Copyright Act has no extraterritorial

5 notwithstanding Hill’s Termination. After the November 11, 2023 Termination

8 value and financial rewards of his original creation, precisely as Congress

9 intended. H.R. Rep. No. 94-1476, at 124 (1976).

10 FACTS COMMON TO ALL CLAIMS FOR RELIEF

14 an interested motion picture studio once the work was completed.

17 medium of expression (i.e., when it was written) and regardless of whether or

18 when the Screenplay was published or registered.

19 29. Upon completion of the Screenplay, Hill’s agents at Creative Artists