1999 Lindsay Abridged

1999 Lindsay Abridged - ALEXANDER LINDSAY, Plaintiff,...

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1 ALEXANDER LINDSAY, Plaintiff, -against- The Wrecked and Abandoned Vessel R.M.S. TITANIC, HER ENGINES, TACKLE, EQUIPMENT, FURNISHINGS, Located Within One Nautical Mile of a Point Located at 41 [degrees], 43'32" North Latitude and 49 [degrees], 56'49" West, and ARTIFACTS, and VIDEO Located at 17 Battery Place, New York, NY, in rem, and R.M.S. TITANIC, INC., TITANIC VENTURES LIMITED PARTNERSHIP, OCEANIC RE- SEARCH AND EXPLORATION LIMITED, SUAREZ CORPORA- TION INDUSTRIES, INC., and DISCOVERY COMMUNICATIONS, INC., d.b.a. THE DISCOVERY CHANNEL, in personam, Defendants. 52 U.S.P.Q.2D 1609 (S.D.N.Y. 1999) HAROLD BAER, JR., District Judge: …. The plaintiff, a citizen of the United Kingdom and resident of the State of New York, is an in- dependent documentary film maker engaged in the business of creating, producing, directing, and filming documentaries. Defendant R.M.S. Titanic, Inc. ("RMST") is a publicly traded U.S. corpora- tion, organized under the laws of the State of Florida, which conducts business within and has its office and principal place of business in New York City. Defendant George Tulloch ("Tulloch") is a shareholder, president and member of the board of directors of RMST. Defendant Titanic Ventures Limited Partnership ("TVLP") is a limited partnership organized under the laws of Connecticut and currently doing business in the State of New York. Defendant Oceanic Research and Exploration Limited ("OREL") is a Delaware corporation and general partner of TVLP. Defendant Tulloch is also the president and sole shareholder of OREL (defendants RMST, Tulloch, TVLP and OREL collectively as "RMST"). Defendant Suarez Corporation, Inc. ("SCI") is an Ohio corporation doing business in the State of New York. Defendant Discovery Communications, Inc. ("DCI") is a Mary- land corporation doing business as "The Discovery Channel", and is engaged in the business of making, financing and distributing documentary films. In 1993, RMST was awarded exclusive status as salvor-in-possession of the Titanic wreck site and is therefore authorized to carry on salvage operations at the vessel's wreck site. As a condition of obtaining these rights, RMST allegedly agreed to maintain all the artifacts it recovered during the salvage operations for historical verification, scientific education, and public awareness. In 1994, the plaintiff, under contract with a British television company, filmed and directed the British documentary film, "Explorers of the Titanic," a chronicle of RMST's third salvage expedi- tion of the Titanic. To film this documentary, Lindsay sailed with RMST and the salvage expedi- tion crew to the wreck site and remained at sea for approximately one month. The plaintiff alleges that during and after filming this documentary in 1994, he conceived a new film project for the Ti- tanic wreck using high illumination lighting equipment. The plaintiff later discussed his idea with defendant George Tulloch and, according to the plain-
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1999 Lindsay Abridged - ALEXANDER LINDSAY, Plaintiff,...

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