Seiler v. Lucasfilm, Ltd.
Citation and Court
808 F.2d 1316 (9th Cir. 1986), United States Court of Appeals for the Ninth Circuit
Facts
Seiler claimed he had created drawings of large walking vehicles called “Striders” prior to the release of the Star Wars film The Empire Strikes Back, and that George Lucas had copied his designs for the AT-AT walkers. Seiler could not produce the original drawings; he produced reconstructions and claimed the originals had been lost. The district court found that Seiler had deliberately destroyed the originals when their content was in dispute and excluded the reconstructions under the best evidence rule.
Issue
Whether the best evidence rule (FRE 1002) applies to the drawings Seiler sought to use as evidence of copying, and whether his reconstructions were properly excluded.
Holding
The Ninth Circuit affirmed, holding that the best evidence rule applies to the drawings because they were offered for their content, and because Seiler had fraudulently destroyed or allowed loss of the originals, the reconstructions were properly excluded under FRE 1004.
Rule / Doctrine
The best evidence rule (FRE 1002) requires production of the original document, recording, or photograph when a party seeks to prove its content. Secondary evidence may be admissible if the original is lost or destroyed, but not if the proponent lost or destroyed the original in bad faith (FRE 1004). The rule applies to visual works such as drawings and photographs when offered to prove their content.
Significance
Seiler v. Lucasfilm is the leading case applying the best evidence rule to visual works and illustrating the bad faith exception to admissibility of secondary evidence. It also reinforces that courts will not reward parties who destroy original evidence.