SEILER V. LUCASFILM, LTD.
808 F.2d 1316 (9th Cir. 1986)
NATURE OF THE CASE: Seiler (P) appealed an award of summary judgment under the best
evidence rule, Fed. R. Evid. 1004(1).
FACTS: Sieler (P) a graphic artist alleged a copyright infringement by Lucasfilm (D). P
claimed D copied the Imperial Walkers from The Empire Strikes Back from P's own creation
called Garthian Striders. The movie appeared in 1980 and P obtained his copyright in 1981. P
contends he created the Striders in 1976-1977. P contends the originals were destroyed. P
obtained his copyright from reconstructions submitted to the copyright office. During trial
P wanted to show the jury the reconstructions but that was objected to by D. An evidentiary
hearing was done outside the ears of the jury. That hearing took seven days. The court found
that P testified falsely, purposefully destroyed or withheld in bad faith the originals and
fabricated and misrepresented the nature of his reconstructions. After the evidentiary
hearing, D obtained a summary judgment. P appealed contending that the best evidence rule
does not apply to drawings, that Rule 1008 requires a jury determination of the existence
and authenticity of his originals and that 17 U.S.C. Section 410(c) of the copyright law
overrides the federal rule of evidence.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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