Brown v. McCormick

• Decision Date: 08 October 1998
• Docket Number: No. CIV. L-96-3450.,CIV. L-96-3450.
• Parties: Barbara BROWN, Plaintiff, v. Patricia A. McCORMICK, et al., Defendants.
• Court: U.S. District Court — District of Maryland

23 F.Supp.2d 594

Barbara BROWN, Plaintiff, v. Patricia A. McCORMICK, et al., Defendants.

No. CIV. L-96-3450.

United States District Court, D. Maryland.

October 8, 1998.

COPYRIGHT MATERIAL OMITTED

Johnny M. Howard, Baltimore, MD, for Plaintiff.

Kathryn A. Young, Beverly Hills, CA, Vicki L. Dexter, Baltimore, MD, for Defendants.

MEMORANDUM

LEGG, District Judge.

I. Introduction

This suit, alleging copyright infringement and related causes of action, arises out of a dispute over the use of plaintiff's quilt block patterns during the filming and merchandising of the motion picture (the "movie") How to Make an American Quilt. The parties have filed cross-motions for summary judgment, as well as several other, non-dispositive motions. For the reasons stated below, the Court shall GRANT IN PART the defendants' motion with respect to Ms. Brown's state law claims, shall otherwise DENY the motions for summary judgment, and shall dispose of the remaining motions as described.

II. Summary Judgment Standard

Rule 56(c) of the Federal Rules of Civil Procedure provides that summary judgment should be entered in favor of a moving party when there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. Kimmell v. Seven Up Bottling Co., Inc., 993 F.2d 410, 412 (4th Cir.1993). An issue is "genuine" if the evidence is such that a reasonable jury could return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A fact is "material" if, when applied to the substantive law, the outcome of the litigation is affected. Strauss v. Peninsula Reg'l Med. Ctr., 916 F.Supp. 528, 530 (D.Md. 1996). To satisfy the requirements for summary judgment, a moving party is not required to establish the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The moving party need only show the "absence of evidence to support the non-moving party's case." Id. at 325, 106 S.Ct. 2548.

Rule 56(e) states further that the non-moving party cannot rest upon the pleadings but

must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party.

Fed.R.Civ.P. 56(e). To establish the existence of a genuine issue of material fact, the non-moving party must come forward with "significant probative evidence." Anderson, 477 U.S. at 249, 106 S.Ct. 2505 (quoting First Nat'l Bank v. Cities Service Co., 391 U.S. 253, 290, 88 S.Ct. 1575, 20 L.Ed.2d 569 (1968)). Specific facts in evidence must support the claims and demonstrate that a genuine issue for trial exists. Kimsey v. Myrtle Beach, 109 F.3d 194, 195 (4th Cir.1997). "Merely colorable" or "not significantly probative" evidence is insufficient to withstand summary judgment. Thompson Everett, Inc. v. National Cable Advertising, L.P., 57 F.3d 1317, 1323 (4th Cir.1995). In Thompson Everett, the Fourth Circuit made clear that the showing required of the non-moving party is a substantial one:

While it is axiomatic that Rule 56 must be used carefully so as not to improperly foreclose trial on genuinely disputed, material facts, the mere existence of some disputed facts does not require that a case go to trial. The disputed facts must be material to an issue necessary for the proper resolution of the case, and the quality and quantity of the evidence offered to create a question of fact must be adequate to support a jury verdict.

Id. at 1323 (emphasis added).

III. Background

A. The Movie Project

In 1994 and 1995, Defendants Amblin' Entertainment, Inc. ("Amblin"), and Universal City Studios, Inc. ("Universal") (collectively "the studio"), were producing a movie entitled How to Make an American Quilt, based on a 1991 Whitney Otto novel of the same name. Both the novel and the movie concern a group of women quilters and their relationships. As a result, the story frequently refers to quilts and quilting. In fact, one particular quilt, entitled "Where Love Resides," serves as the unifying plot device, as the main group of characters undertakes to create this new quilt as a wedding present for the character Finn.

As defendant Patricia McCormick would later relate in her behind-the-scenes book, Pieces of an American Quilt, "[t]he original script called for five quilts, but gave very little description of what they were to look like." (Pl.'s Mot. Summ. J. Exh. E, Patty McCormick, Pieces of an American Quilt 11 (1996).) Two of these five quilts are at issue in this case. The first is an "African-American story quilt" entitled "The Life Before." One of the characters, Anna, had inherited this quilt as a family heirloom. The movie script (again, based on Otto's novel) described "The Life Before" as

laid out in fifteen squares which are filled with scenes in native, appliqued forms. We see angels blowing trumpets, blazing suns, Adam and Eve and the snake, elephants and giraffes, African warriors doing battle, men and women in chains inside a ship on a choppy sea ... a scene with a black bird flying over a man and a woman holding hands.

(McCormick Decl. at ¶ 2; Pl.'s Mot. Summ. J. Exh. F, Letter from McCormick to Brown of 9/12/1994 at 2.) All the parties agree that the description of this quilt bears a notable resemblance to the "Bible Quilts" that a freed slave named Harriet Powers created in the late 1800's. (See Pl.'s Mot. Summ. J. Exh. C.)¹ In fact, Whitney Otto had been aware of the Harriet Powers "Bible quilts" at the time that she wrote the novel. (See Pl's Mot. Summ J. Exh. A., McCormick Decl. at ¶ 10.) The Harriet Powers "Bible Quilts" exhibit what the parties term a "folk-art" style, with simple, primitive drawings of human figures and scenes.

The second quilt at issue here is the central "Where Love Resides" quilt mentioned above; the dispute in this case concerns in particular one of the quilt's sixteen component blocks. As this discussion will explain, "quilt block patterns," "quilt blocks," "quilt tops," and "quilts" are not synonymous. A "quilt block pattern" is a design template, drawn on paper or other material, from which a quilter may trace, cut, and sew together pieces of fabric or other material to create a "quilt block." Groups of "quilt blocks," organized and sewn together, typically with borders or other connective material, form a "quilt top." The "quilt top" is itself the artistically decorated top cover of a "quilt."

Each of the movie's seven supporting characters contributes a quilt block to the "Where Love Resides" quilt top; the quilt blocks represent something of personal significance to the contributors. Anna, the character who owns "The Life Before" quilt, contributes the "Marriage" block to "Where Love Resides." The "Marriage" block is essentially a duplication of the "Wedding" block in "The Life Before,"² which depicts "a scene with a black bird flying over a man and a woman holding hands." (See McCormick, Pieces of an American Quilt 20.) The Harriet Powers "Bible Quilts" also included blocks depicting two human figures with a large bird overhead. (See Pl.'s Mot. Summ. J. Exh. C.) As explained more fully below, the parties dispute to what extent the "Marriage" block in "Where Love Resides" duplicates the "Wedding" block in "The Life Before." The "Marriage" block that the studio used in the movie differs from the "Wedding" block most notably in two respects: (i) it reverses the alignment of the bird figure, showing it pointing downward instead of upward; and (ii) it includes a figure of the Sun not present on the "Wedding" block.

B. Ms. McCormick's and Ms. Brown's Involvement

As pre-production for the movie proceeded in August 1994, the studio retained Ms. McCormick, then President of the Southern California Council of Quilt Guilds, as a technical consultant. (Defs.' Cross-Mot. Summ. J. Exh. C, Decl. Patricia A. McCormick ("McCormick Decl.") at ¶ 2.) Prior to Ms. McCormick's involvement, the studio art department had attempted to create quilt patterns for the movie using the descriptions in the script. As Ms. McCormick would later explain, however, the studio artists "knew practically nothing about quilts," and their designs showed this lack of knowledge. (See McCormick, Pieces of an American Quilt 10.) Accordingly, the studio asked Ms. McCormick to work with the studio art department in designing or acquiring the quilts, as well as in assisting on other technical aspects of the production. (Id. at 11.)

Ms. McCormick became concerned with the design for "The Life Before" quilt. Although the studio art department had attempted some designs for this quilt, the designs had proven unsatisfactory. As Ms. McCormick would later relate,

[t]he art department struggled with ["The Life Before"] quilt. Their only reference was the Smithsonian Museum Bible Quilt by Harriet Powers, and everything they designed looked just like that quilt. These five men in the art department who didn't sew or quilt were also not African-American. This quilt was just not coming together for them, and we didn't have a lot of time.

(McCormick, Pieces of an American Quilt 26.)

In September 1994, Ms. McCormick became aware of the work of Ms. Brown, an African American quilter living in Maryland. Ms. McCormick telephoned Ms. Brown to propose that Ms. Brown design patterns for the fifteen quilt blocks of "The Life Before" quilt. (McCormick Decl. at ¶ 8.) Ms. McCormick explained in the telephone conversation "that the production team wanted a quilt similar to the style of Harriet Powers'[s] Bible Quilt.... [but] the quilt could not duplicate Powers'[s] Bible Quilts, because they were cultural icons which would be recognized if copied." (Id.) On September 12, Ms. McCormick sent a follow-up letter, reiterating that "[w]hat we are looking for is a design similar to [the Harriet Powers ...