Tiki Torched in Court
In 2016, Disney released the animated film ‘Moana.’ The movie is set in ancient Polynesia, and follows the adventures of the title character, the strong-willed daughter of a chief of a coastal village. When a blight strikes her island, Moana sets sail in search of Maui, a legendary demigod played by Dwayne “The Rock” Johnson, in hopes of returning a mystical relic to the goddess Te Fiti.
The movie was a huge smash with critics and audiences alike and generated almost $700 million at the box office. Wanting a piece of the pie, author Buck Woodall sued Disney in 2020, alleging that ‘Moana’ was based on his work entitled ‘Bucky the Wave Warrior.’
In his lawsuit, which was filed in federal court in Los Angeles, Woodall, who is based in New Mexico, laid out a series of similarities between his work and the Disney hit. He argued that both projects involve teenagers who defy their parental orders to set off on a dangerous voyage and save a Polynesian island. He also pointed out other similarities, such as navigating by stars, a demigod with tattoos and surviving a storm at sea.
Woodall further alleged that he pitched the project to his sister-in-law’s stepsister in 2004, who was an assistant at a live-action production company on the Disney studio lot. According to court filings, when Woodall’s relative asked Walt Disney Animation Studios if it would accept outside submissions, she was told they would not.
But, when ‘Moana’ was later released in theaters a decade later and was one of the top-grossing pictures of the year, Woodall claimed Disney ripped off his story and infringed on his copyrighted work.
Disney countered, however, that ‘Moana’ was independently created and that there was no evidence that any of the filmmakers even had access to Woodall’s story. Disney’s lawyers also noted numerous differences between the two works.
“Bucky is white; Moana is Oceanian. Bucky is from the mainland U.S.; Moana is indigenous to the fictional island of Motunui,” Disney’s attorneys claimed in a motion. “Bucky lives in the modern day; Moana lives millennia in the past. Bucky is an ordinary teen; Moana is the future chief of her people. Bucky wants to learn to surf, while Moana wants to continue her people’s proud history as the greatest ocean voyagers the world has ever known.”
Last month, at the conclusion of the two-week trial, the eight-member jury ruled unanimously in favor of Disney after deliberating for less than three hours. The jury decided that Moana’s filmmakers could not have copied Woodall’s story since they had no access to his screenplay.
After the decision, a Disney spokesperson said, “We are incredibly proud of the collective work that went into the making of ‘Moana’ and are pleased that the jury found it had nothing to do with Plaintiff’s works.” Woodall’s attorney, however, expressed that he was “disappointed” with the verdict and would advise his client on options going forward.
Because of the original’s success, Disney released ‘Moana 2’ at the end of 2024. The sequel generated over $1 billion in revenue. Not surprisingly, Woodall filed a separate suit in January of this year, alleging that ‘Moana 2’ also infringed on his screenplay. That case is still pending.
Based on the results of the first trial, Woodall should be prepared for another wipeout.
Reg P. Wydeven
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