Sound Studio Sues Warner Bros., Alleges Harry Potter-Themed Voice Infringes Rights
Warner Bros. “for years” has extensively copied and used The Production Pit’s (TPP) sound recordings for a Harry Potter-themed plush toy in regions where it didn’t have authorization, alleged a copyright infringement suit Wednesday (docket 5:24-cv-01097) in U.S. District Court for Central California.
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U.K.-based rights holder TPP never authorized Warner or any other party to copy or use sound recordings it created in 2007 in any way other than as part of the talking Sorting Hat toy exclusively for distribution in Europe, the Middle East and Africa (EMEA), said the complaint. But Warner has authorized numerous third parties to copy and use TPP’s sound recordings without permission, infringing the plaintiff’s copyright rights “directly, vicariously and contributorily,” it said.
Warner authorized nonparty Cards Inc. to use “copyrighted expression from the Harry Potter universe,” including the Sorting Hat character itself and certain spoken lines associated with the character for purposes of producing and marketing a “talking” Sorting Hat replica plush toy, the complaint said. The defendant also authorized Cards to engage a voice actor to perform and record the approved lines to create the “character voice” for the talking toy, it said.
In so doing, Warner “authorized the creation of a derivative work based on and adapted from” J.K. Rowling’s copyrighted Harry Potter novels and Warner’s film adaptations of the books,” said the complaint. Cards engaged TPP to perform and record the Sorting Hat character-voice for the toy, and TPP principal Marc Silk provided the voice.
But Warner didn’t take the proper steps to obtain intellectual property rights in the sound recordings that TPP created, alleged the complaint. TPP “automatically and immediately owned all copyright rights” in the sound recordings “as soon as they were created, and TPP has never transferred those rights,” it said. The plaintiff never authorized Warner or any party to use the sound recordings it created other than as part of the Sorting Hat toy for distribution in EMEA, it said.
In November 2021, Silk discovered that identical copies of the Sorting Hat recordings had been used without his permission and were being sold by Hallmark in the U.S. and globally, said the complaint. Silk discovered “at least a dozen” talking Sorting Hat consumer products that have incorporated copies of TPP’s recordings, plus numerous videos that have used his recordings, it said. The infringing recordings have also been used at Harry Potter-themed attractions in the U.S. and worldwide, it said.
Warner's "infringing conduct" was and continues to be "willful and with full knowledge of TPP's rights," alleged the complaint. The alleged infringement has enabled Warner to illegally gain profit, it said.
On information and belief, some or all of the alleged infringements were “induced, encouraged, authorized, incentivized, directed” or permitted by Warner, which has profited from some or all of them, said the complaint. TPP seeks a declaration that it owns all copyright rights in the sound recordings, injunctive and other equitable relief “to prevent further irreparable injury,” and damages and disgorgement of profit. It also seeks all copies of Silk’s Sorting Hat recordings Warner has made, plus masters from which copies can be reproduced. Warner didn't comment.