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Declaratory Copyright Complaint Can Be Amended After Plaintiff Film Company Secures Financing
The U.S. District Court for the Southern District of New York allowed a film company to amend a declaratory action for copyright non-infringement, after the company secured financing for its production. Effie Film LLC (EFL) v. Murphy, 11 Civ. 783. EFL sought a declaratory ruling that actress/screenwriter Emma Thompson's screenplay Effie ' about a love triangle among historical art figures John Ruskin, Euphemia (Effie) Gray and John Everett Millais ' didn't infringe on Gregory Murphy's screenplay and playscript The Countess. Murphy moved to dismiss on the ground that the court lacked subject matter jurisdiction because the film hadn't yet been produced. But after production of the film was completed, EFL moved to amend its complaint to reflect that. District Judge Thomas P. Griesa noted: “There is no indication that EFL acted in bad faith in pursuing this amendment. Rather, EFL reasonably seeks to update its complaint to reflect recent significant factual developments in an effort to cure what Murphy claims are jurisdictional defects. The court also is not persuaded that Murphy would be prejudiced by allowing EFL to amend its complaint. There has been no discovery in this case and Murphy may, of course, file any appropriate motions attacking the jurisdictional basis or merits of EFL's amended complaint.”
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