McGee v. André Benjamin 3000
| Decision Date | 20 March 2012 |
| Docket Number | CIVIL ACTION NO. 08-11818-DPW |
| Parties | TIMOTHY McGEE, Plaintiff, v. ANDRÉ BENJAMIN 3000, THE CARTOON NETWORK, and TURNER BROADCASTING SYSTEMS, INC., Defendants. |
| Court | U.S. District Court — District of Massachusetts |
This copyright action arises out of a treatment for an animated television series developed by Plaintiff Timothy McGee and unsuccessfully pitched to Defendant The Cartoon Network ("Cartoon Network") in 1997. Nearly ten years later, Cartoon Network aired Class of 3000, which was co-created and co-produced by Thomas Lynch and Defendant André Benjamin. Alleging that Benjamin, Cartoon Network, and its parent company, Defendant Turner Broadcasting Systems, Inc. ("TBS"), copied his cartoon treatment, McGee filed suit against the defendants for copyright infringement and various state law claims. Defendants Cartoon Network and TBS have moved to dismiss, and McGee has filed several motions to amend the complaint and two motions to enforce an earlier discovery order. For the following reasons, I will grant the defendants' motion to dismiss and deny McGee's motions.
Plaintiff Timothy McGee is a resident of Massachusetts, but at times relevant to this action was an animation and graphic design student in Georgia. Cartoon Network and TBS (collectively, the "defendants") are the only defendants who have been served properly in this action. The other named defendant, André "André 3000" Benjamin, is an Atlanta native and musical artist/entrepreneur who is perhaps best known as half of the hip hop duo Outkast.1 Cartoon Network and TBS both have principal places of business in Georgia.
an animated serial work titled "The Music Factory of the 90's [sic]" (the "Music Factory"). McGee registered three copyrights for work related to the Music Factory: the original eight-page treatment,2 Reg. No. VAu 218-1729, effective May 6, 1997; an updated treatment, Reg. No. VAu 416-298, effective January 23, 1998; and additional drawings and two pages of text, Reg. No. Vau 440-850, effective May 27, 1998. The only copyrighted work allegedly infringed by the defendants in the Amended Complaint is No. 218-1729, which includes (1) letters to several production companies pitching Music Factory, (2) various articles discussing marketing of cartoons and spin-off merchandise, (3) sample contract language regarding ancillary merchandising, (4) a "Synopsis/OUTLINE/TREATMENT" for Music Factory in the form of a letter pitch, (5) character sketches with accompanying text describing the characters, and (6) a script of a proposed pilot episode entitled "The Birth of the Factory."3
McGee's "story format is based on the cartoon (Fat-Albert and the Cosby Kids) format, where at the end of each show the cartoon characters had a sing-a-long for that day [ sic] lesson."In each episode, the group of central characters "interacts with established performers, featured as guest artists, who are integrated into each episode's storyline to impart lessons about the music industry and life." Each episode is built around three elements: "the conflicts between the cartoon characters' everyday life"; "topics that have been addressed on [Black Entertainment Television's] 'Teen Summit' some of which are: racism, stereotypes, image, dress codes, violence and most importantly responsibility"; and "the music and the artist who will appear on the show showcasing their talents and educating the kids." The guest stars "will become animated characters when entering the music factory or performing on the magic stage in the studio[ and then] return to their normal [live-action] state at the end of each episode after helping these kids complete the day [ sic] lesson." McGee intended that a three-minute music video would be "reedited out" of the twenty-two minute episode to be marketed independently. The target audience of the show was "young viewers who [a]re consumers of cartoon programming and music programming."
Set in Atlanta, the work's central character is Tony "The Play Maker" Rich, a corporate attorney from a rich family who leaves his law firm to try become a successful music producer. In addition to The Play Maker, the animated cast includes five "young musicians, technologists, would-be executives and otherartists as they try to break into Atlanta's burgeoning music scene." The Music Factory also features a "host," like Bill Cosby in Fat Albert and the Cosby Kids, who would be someone "established in the music industry."
The script for the first episode, "The Birth of the Factory," establishes the premise for the show. Tony Rich leaves his law firm and, using money from his father, buys a production studio. His father appoints an attractive, female bank executive, Bobby, to monitor the investment, leading to tension and potential romance. Bobby and The Play Maker hire a young inventor, Brain, as technician and discover the stage-shy Mic. Check singing in a family band. The Play Maker runs into Whitney Houston (the guest star for the episode) at his old law firm, and she helps Mic. Check overcome her stage fright. The episode ends with Mic. Check recording a song while Whitney Houston sings along in the sound booth.
According to the Amended Complaint, McGee pitched the Music Factory to Cartoon Network in 1997 for use in the network's "Adult Swim" programming, which was adult-oriented programming being developed at that time.4 In particular, he sent thetreatment ("a demo reel, character sheets and a synopsis of the work") to Michael Lazzo, who was a senior vice president of programming and production at Cartoon Network and was overseeing the "Adult Swim" development. In a letter dated May 28, 1997, Lazzo informed McGee that Cartoon Network was not interested in using the Music Factory because it did not meet Cartoon Network's programming needs. Lazzo's letter stated that Cartoon Network was McGee alleges that he never heard from Cartoon Network again.5
In November 2006, Cartoon Network launched Class of 3000, an animated half-hour musical series also set in Atlanta. According to the Amended Complaint, the cast includes "young aspiring musicians" and a fictional host, Sunny Bridges, who is voiced by Benjamin and loosely based on his life. The series includes original music, written and produced by Benjamin, that emphasizes the "theme and lessons of each storyline." Benjamin and ThomasLynch were co-creators and co-producers of Class of 3000.6 The Amended Complaint alleges that Benjamin planned to market the music and music videos used in the show independently and to invite guest musical artist to appear on future episodes of the show.
According to a treatment, Class of 3000 chronicles "the adventures of a classroom of musical outcasts and their whimsical teacher at the Westley School for the Performing Arts in Atlanta." Although Sunny is a central character, an equally featured character is Li'l D, a music student who reminds Sunny of himself at a younger age. Li'l D and his six classmates are a multi-cultural group from different parts of the city, including the real Atlanta neighborhoods of Buckhead (a wealthy area) and Bankhead (a low-income housing area). Sunny grew up in Bankhead and, after years as a "musical superstar, A-lister, and trendsetter," "left stardom to go back home to Atlanta in search of his lost joy." Sunny becomes a "part-whimsical, part magical music teacher" who "lights the world up when he walks by," "sees life differently than most," and lives in a magical house in the woods.
The "world" of Class of 3000 is based on real Atlanta neighborhoods and on fictional locations such as the magical woods and the school, although the school is based on the performing arts school that Benjamin attended in Atlanta as a child. The style of the animation is "[e]nergetic, stylish, influenced with a Southern flavor and relatable characters that have flawed and quirky comedic centers." Music is an integral part of the show, with each episode featuring original music animated by a guest animator.
McGee filed suit against Benjamin, Cartoon Network, and TBS on October 30, 2008. He filed a motion to amend his complaint to include defendant Moxie Turtle on April 1, 2009.7 As noted above, see Note 1 supra, neither Moxie Turtle nor Benjamin have been served in this action. In the four-count complaint, McGee alleges that by producing, airing, and licensing Class of 3000, the defendants infringed his copyright, breached an implied contract not to use his idea without compensation, misappropriated trade secrets, and violated Massachusetts'sconsumer protection act, Mass. Gen. Laws ch. 93A. McGee seeks statutory damages, profits obtained by the use of his work, and costs.
In July 2009, counsel for the parties reported a settlement had been reached in this matter. The defendants filed a motion to enforce the settlement, and McGee opposed the motion, claiming that he had not granted his attorney authority to accept any such settlement. On October 22, 2009, Judge Harrington granted a motion filed by McGee's counsel, Jerrold Neeff, to withdraw. Following a hearing, which McGee did not attend, the defendants' motion to enforce the settlement was granted and the case was dismissed. Proceeding pro se, McGee appealed the enforcement order, which the First Circuit vacated and remanded for an evidentiary hearing. McGee v. Cartoon Network, Inc., 383 F. App'x 12 (1st Cir. 2010) (per curiam). On remand, Judge Saris denied the motion to enforce, McGee v. Cartoon Network, Inc., No. 08-cv-11818, ...
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