Judge Denies Motion of Frolic Pictures Owner to Dismiss Redoak’s Infringement Claim

U.S. District Judge Kenneth Marra for Southern Florida in West Palm Beach denied Frolic Pictures owner Jared Masters' motion to dismiss the direct copyright infringement claim brought against him by plaintiff Redoak Communications, said Marra’s signed order Thursday (docket 9:23-cv-80008). Redoak alleges it owns a valid copyright for Just Before Dark, and that Frolic distributed DVDs of the horror film for retail sale through Amazon and Walmart without a valid license or authorization from Redoak. The complaint further alleges Masters knew or should have known that the film belonged to Redoak and knew his actions constituted copyright infringement. Masters doesn’t challenge whether the complaint alleges a claim of direct copyright infringement but instead argues Redoak “fails to provide allegations that Frolic’s corporate veil should be pierced in order to hold Masters liable,” said Marra’s order. But Masters “failed to distinguish direct liability from vicarious liability,” it said. For that reason, Masters’ motion to dismiss on the basis that the complaint doesn’t allege facts “supporting the piercing of the corporate veil is rejected,” it said. The complaint alleges direct liability against Masters, and there’s “no basis to dismiss this count for a failure to state a claim,” it said.