Defendant Denies Infringing Copyright to 1981 Horror Film by Selling DVDs Online

Independent production company Frolic Pictures asserts its conduct was “innocent” and non-infringing when it shipped made-to-order DVD copies of the 1981 horror film Just Before Dawn to consumers who bought them online, said its answer Tuesday (docket 9:23-cv-80008) to Redoak Communications’ copyright infringement complaint in U.S. District Court for Southern Florida in West Palm Beach. Redoak alleges 14 defendants, including Amazon, Best Buy, Target and Walmart, sold the DVDs online without authorization (see 2301060023). Amazon is countersuing, alleging its conduct is protected by the first-sale doctrine. Frolic denies it ever possessed any prints or negatives of Just Before Dawn, said its answer. “The film was copied from a publicly available YouTube channel and not from any 35mm prints,” it said. “Once an order is placed by a consumer, only then is a DVD created and shipped,” it said. “No retailers were ever supplied inventory.”