Disney's "Frozen" in Hot Water Over Alleged Copyright Infringement

Disney has found itself in a bit of an icy situation. Last week Animator Kelly Wilson filed suit against Disney in the Northern District of California for copyright infringement. Wilson alleges that the teaser trailer of Disney's hit film Frozen is substantially similar, if not identical, to her short film The Snowman in plot, themes, dialogue, mood, setting, pace, characters, and sequence of events.  But does this "snowman" have a leg to stand on?

To make her point, the Complaint includes the following screencaps:











The Snowman was relased in 2010, and has appeared on the Internet and in animated film festivals where Pixar employees "were present and competing" in the same category. Wilson alleges that Disney had been provided copies of The Snowman prior to the creation of Frozen as part of various job applications with Disney. The Snowman tells the story of a snowman near an icy lake who becomes friends with a group of rabbits trying to eat his carrot nose. Likewise, The Snowman the Frozen trailer depicts a snowman attempting to save his carrot nose before befriending his former foe.

Section 501 of the U.S. Copyright Act provides that anyone who violates any of the exclusive rights of a copyright owner is liable for copyright infringement. For Disney to be found liable for copyright infringement, Wilson must prove that Disney had access to The Snowman. She must also prove that Frozen is substantially similar to the The Snowman.

To us here at OP-IP Law Blog, it seems like you can check "substantially similar" off the list but you be the judge:

The Snowman 

Frozen trailer 

Wilson seeks a finding of infringement and profits gained from the exploitation of The Snowman in addition to damages and attorneys’ fees. Disney has not yet filed its Answer, so we must wait and see whether this matter will snowball.

© Mari-Elise Taube 2014

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