Wozniak v. Warner Brothers Entertainment, Inc.

Background

Christopher Wozniak, represented by R. Terry Parker, filed a letter seeking a conference before making a discovery motion. The letter described a copyright-infringement case concerning Warner Bros.’ 2022 film The Batman. Wozniak alleged that the film infringed his story, “The Blind Man’s Hat,” also known as “The Ultimate Riddle.” The letter said that Wozniak had submitted the story to DC Comics and to Michael Uslan, and that the film contained similarities to elements of his story.

Wozniak said he served Warner Bros. with document requests on February 15, 2023. The requests sought, among other things, drafts and versions of the film’s screenplay, documents showing when those versions were completed, documents about the film’s story and characters, and communications between Warner Bros. and the film’s writers. According to Wozniak’s letter, Warner Bros. asserted objections and produced only the 2018 draft screenplay, while the parties were unable to resolve the dispute through two telephone conferences.

Wozniak’s Position

Wozniak argued that the requested documents were relevant and proportionate under Federal Rule of Civil Procedure 26(b)(1). He said the documents could bear on whether the writers had access to his copyrighted work and whether similar elements originated with Warner Bros. or Uslan rather than with the writers of the 2018 screenplay. He also argued that the discovery was important because the case concerned copyright infringement and because the film had reportedly earned substantial revenue.

Court’s Action

The court stated that it had received Wozniak’s letter. Judge Paul A. Engelmayer ordered Warner Bros.’ and DC Comics’ responses, conforming to the court’s individual rules, to be filed by June 16, 2023. The provided text does not contain a ruling granting or denying discovery, and it does not resolve the parties’ underlying copyright dispute.