Lee Seiler, an artist and designer of science fiction
creatures and machines brought copyright infringement action against the producers and creators of the movie “The Empire Strikes Back.” Seiler claimed that creatures known as Imperial Walkers infringed his copyright on his own creatures called Garthian Striders. He contended that he created and published his Garthian Striders in 1976 and 1977 and that George Lucas copied these. Because Seiler possessed no originals of any work he contended was copied, he sought to introduce secondary evidence in the form of copies, reconstructions, and the like. He proposed to exhibit his Striders in a blown-up comparison to Lucas’ Walkers at opening statement. The district judge held an evidentiary hearing on the admissibility of the reconstructions of the Striders. Applying the best evidence rule, the court found that Seiler lost or destroyed the originals in bad faith and consequently no secondary evidence, su c h a s t h e p o s t E m p i r e S t r i k e s B a c k reconstructi ons, was admissible. The court granted summary judgme nt to Lucas after the evidentiary hearing. Seiler appealed.
ISSUE:
Whether Seiler’s drawings constituted “writings” for
purposes of authentication and proof of documents
RULING:
Yes. The Court of Appeals affirmed the district judge. It
held that Seiler’s drawings were “writings” within the meaning of Rule 1001 (1) which defined writings and records as “letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, Photostatting, photographing, magnetic impulse, mechanical or electronic recording, or other forms of data compilation.” According to the Court, Seiler’s drawings consist not of “letters, words or numbers” but of “their equivalent.”
The Court said that to recognize Seiler’s works as writings
does not run counter to the rule’s preoccupation with the centrality of the written word in the world of written legal relations. Comparing Seiler’s drawings with Lucas’ drawings is no different in principle than evaluating a contract and the intent behind it. Seiler’s works are “writings” that affect legal relations; their copyright ability attests to that. A creative literary work and a photograph whose contents are sought to be proved are both covered by the best evidence rule. It would be inconsistent to apply the rule to artwork which is literary or photographic but not to artwork of other forms.