Case Document 11 Filed 09/04/15 USDC Colorado Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv?01921 ARETI-IA FRANKLIN, Plaintiff, v. FILM PRESERVE, LTD., a/k/ a Telluride Film Festival Defendant ORDER ON PLAINTIFF ENTERGENCY MOTION FOR TEMPORARY RESTRAINING INJUNCTION Having read Plainti?'s? Motion and listened to the arguments of counsel the Court will issue a Emporary injunction restraining Defendant National Film Preserve (?Telluride Film Festival?) ?om showing or public displaying of the ?lm ?Amazing Grace? at the Telluride Film Festival on September 4, 5, and 6, 2015. For purposes of ruling on this Motion for Temporary Restraining Order, the Court ?nds the following: i 1. Ms. Franklin is a world?renowned recording artist. 2. In 1972, she gave a concert that was ?lmed at a church in Los Angeles. 3. In 2008, a producer named Alan Elliott obtained rights to the footage of the concert ?'om Warner Brothers Studios via a quitclaim deed. The guitclaim deed makes speci?c reference to Mr. Elliot?s need to get Ms. Franklin?s permission to use the concert footage. Case Document 11 Filed 09/04/15 USDC Colorado Page 2 of 3 4. Mr. Elliott has produced a ?lm, entitled _A_m?in_g which consists predominately of the Franklin 1972 concert footage. . 5. Mr. Elliott has tried to negotiate with Ms. Franklin over the terms of his use of the footage and potential public distribution of the ?lm. I 6. Ms. Franklin and Mr. Elliot have not reached any agreement and Ms. Franklin has not given her permission to Mr. Elliott to use the footage. 7. Defendant Telluride Film Festival intends to publicly show the-Amazing Grace ?lm during the days of September 4, 5, and 6, 2015. 8. According to Ms. Franklin, she has never giVen the Telluride Film Festival, or any other entity, permission to show or display or distribute to the public the footage of her concert performance. 9. Ms. Franklin has a strong interest in her rights of publicity, and to the use of her likelfess and image. See Joe Dickerson Associates v. Dinniar, 34 P.3d 995 (Colo. 2001)(recognizing tort of invasion of privacy by misappropriation of name and likeness in Clolorado). I 10. Ms. Franklin also has a federal statutory right to protect her concert footage from being broadcast or distributed without her permission. See 17 U.S.C. ?1101(1) (anti-bootlegging statute). The anti?bootlegging statute speci?cally provides for injunctive relief to protect the artist?s proprietary interest in her own performance. 11. A temporary injunction here will preserve the status quo, as this footage has not been publicly released, distributed or seen on a wideSpread basis. Case Document 11 Filed 09/04/15 USDC Colorado Page 3 of 3 12. A ?lm that essentially recreates the entire concert experience is not fair use of this footage. I 13. Ms. Franklin has a high likelihood of success on the merits. 14. The balance of the equities weighs in favor of Ms. Franklin. The Film Festival (and Mr. Elliott) could have clari?ed their claimed right to release this footage well in advance of this showing. 15. It would not be a disservice to the public to issue the requested temporary injunction. . Accordingly, it is hereby ORDERED that the Defendant National Film Preserve, Ltd, d/b/a Telluride Film Festival, its agents, of?cers, and employees and all working in concert with the Defendant, are enjoined and barred from showing, displaying or otherwise publicly releasing or projecting the ?lm Amazing Grace, produced by Alan Elliott. This injunction shall expire 14 days from the date of this order absent further order of the Court. The Court also ?nds that a bond in the amount of $1,000 would be in the interests of justice, which shall be posted by Ms. Franklin with the clerk of Court. So Ordered at _d this 4th Day of September, 2015. st gt n. Unitedgtes District udge