Lindsay v. Wrecked & Abandoned Vessel R.M.S. Titanic

52 U.S.P.Q. 2d 1609 (1999)

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Nature of the Case

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Facts

P is an independent documentary filmmaker engaged in the business of creating, producing, directing, and filming documentaries. In 1993, D was awarded exclusive status as salvor-in-possession of the Titanic wreck site and is therefore authorized to carry on salvage operations at the vessel's wreck site. D allegedly agreed to maintain all the artifacts it recovered during the salvage operations for historical verification, scientific education, and public awareness. In 1994, P, under contract with a British television company, filmed and directed the British documentary film, 'Explorers of the Titanic,' a chronicle of D's third salvage expedition of the Titanic. P sailed with D and the salvage expedition crew to the wreck site and remained at sea for approximately one month. P alleges that during and after filming this documentary in 1994, he conceived a new film project for the Titanic wreck using high illumination lighting equipment. Defendant George Tulloch (Tulloch) is a shareholder, president, and member of the board of directors of RMST. P later discussed his idea with Tulloch and, according to P, the two agreed to work together on the venture. P agreed to join RMST to raise money not only for the film project but for other aspects of the 1996 salvage operation as well. Tulloch stated he needed board approval from D. P moved into an office at D in and around April 1995. Around this time, Tulloch repeatedly told P that he would obtain approval from D's Board of Directors for a contract for the plaintiff based upon the terms of P's film plan. The contract was to include terms of P's compensation, including sharing in the profits derived from any film, video, and still photographs obtained from the 1996 salvage operation. P created various storyboards for the film, a series of drawings that incorporated images of the Titanic by identifying specific camera angles and shooting sequences 'that reflected P's creative inspiration and force behind his concept for shooting the work.' P alleges that he, along with members of his film team, designed the huge underwater light towers that were later used to make the film. P also 'personally constructed the light towers' and thereafter 'for approximately 3-4 weeks directed, produced, and acted as the cinematographer of the Subject Work, underwater videotaping of the Titanic wreck site, and otherwise participated in the 1996 salvage operation.' P also directed the filming of the wreck site from on board the salvage vessel 'Ocean Voyager' after leading daily planning sessions with the crew of the Nautile, the submarine used to transport the film equipment and photographers to the underwater wreck site. D eventually licensed the footage to the Discovery Channel. P alleges that he was never fully compensated for his services and that Ds are now 'unlawfully profiting from the exploitation of the' film project at issue. P originally brought this action under the Court's admiralty jurisdiction to enforce his salvage claims against Ds. Ds moved to dismiss. The court denied the motion to dismiss, having found that P had met his burden of pleading all the necessary elements for bringing a salvage claim. Ds then answered the complaint and included counterclaims for copyright infringement arising from the P's use of certain video footage taken from the wreck during the 1996 expedition. P's motion to amend his complaint to add copyright infringement claims against Ds and to join Discovery Communications, Inc. ('DCI') d/b/a The Discovery Channel, for copyright infringement, was granted. Ds moved to dismiss.