LOS ANGELES – A Los Angeles man is seeking the return of the high-resolution copy of a horror film.
Joston Theney filed a complaint on June 17 in the U.S. District Court for the Central District of California, Western Division against Christopher Otiko; Coast to Coast Podiatry Inc., doing business as Blood Red Films; and ImageWorks Entertainment International Inc. alleging copyright infringement.
According to the complaint, the plaintiff wrote the screenplay for the movie "Axeman II: Overkill" and also directed, edited and produced it. The plaintiff alleges he obtained copyright registration for it in 2015. The suit states that Otiko invested $52,000 into the film with the condition that he be listed in credits and promotional materials as writer and producer, when he was neither.
The plaintiff holds Otiko; Coast to Coast Podiatry Inc., doing business as Blood Red Films; and ImageWorks Entertainment International Inc. responsible because Otiko and Blood Red executed an agreement with ImageWorks in 2014 without the plaintiff's knowledge or approval. He alleges Otiko and Blood Red Films falsely claimed they owned the copyright of the movie.
The plaintiff seeks damages, statutory damages, order ImageWorks to return plaintiff's works, punitive damages, injunction, order the defendant to destroy all electronic copies of plaintiff's work, and any other relief as the court deems just. He is represented by Francis “Casey” J. Flynn of Law Office of Francis J. Flynn Jr. in Los Angeles.
U.S. District Court for the Central District of California, Western Division case number 2:17-cv-04517-CBM-AFM