The plaintiff is a man named Stephen Hendricks, who claims that Orphan Black was cloned from a screenplay of his titled Double Double which he submitted to producers over ten years ago. The plaintiff is seeking $5 million, claiming his work was submitted to Temple Street co-president David Fortier in 2004.
A judge ruled Monday that the lawsuit will move forward, taking place in California courts. To make the lawsuit take place against Canadians in a California court room, Hendricks had to prove the case was “exceptional” and that the company’s contacts with California are “so substantial and of such a nature as to render the corporation at home” in the state, according to THR.
The judge agreed with Hendricks’ argument that the case belonged in California, and refuted the defendants saying, “Defendants argue that exercising jurisdiction over Fortier and TSPI would be unreasonable and inconvenient because the ‘development and production of the series occurred entirely in Canada,’ and because Defendants would ‘be required to incur the costs of having numerous witnesses… come to California to testify at trial.’ Such arguments do not support unreasonableness, as mere inconvenience will not suffice, especially in this age of air travel and when Canada shares the same continent with the United States.”
Meanwhile, Orphan Black series 3 is in stride, and we’re loving every minute of it. We will be following this copyright lawsuit closely, as we’re interested to see whether or not Hendricks’ claim holds any merit.