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Moana 2 Copyright Lawsuit Likely to Come Down to Similarities

by | Mar 25, 2025 | Copyrights, Intellectual Property

Way back in 2003, animator Buck Woodall claims he provided both the screenplay and a trailer for the animated film Bucky to a production company that had a first-look deal with Disney. At the time, that production company had offices on Disney facilities in Burbank, and its director of development allegedly asked for additional materials, such as storyboards and character designs, promising she could get his movie greenlit.

That never happened. What did happen was Disney’s mega-blockbuster Moana, the story of a teen Polynesian girl who goes on a dangerous voyage to save her ancient village, encountering spirits who appear as animals along the way. Bucky’s story also involves a Polynesian teen who saves their ancient village after going on a dangerous voyage and running into spirits who manifest as animals. On the surface, it would seem to be a substantial similarity.

Due to the similarities between Bucky and Moana, Woodall attempted to sue Disney for copyright infringement. That suit was dismissed in November of 2024 because the statute of limitations had run out. However, the recent release of Moana 2 provided Woodall with a second chance, and a new suit was filed early this year, in which the artist is seeking $10 billion. 

Now, you might remember that we recently shared with you the outcome of a copyright infringement suit against the movie Don’t Look Up. That one involved alleged substantial similarity between the Oscar-nominated film and a self-published novel. Both stories involved an asteroid destroying the Earth. Both were satires. Other thematic similarities were also listed in the claim.

So, why was that claim dismissed by the judge while this one will be put to a jury? The difference likely comes down to the specific similarities highlighted in the claim itself.

Copyright Infringement Is about the Execution of an Idea

We covered this pretty thoroughly in the Don’t Look Up story, so I will not take too long to belabor the point here, but you cannot copyright an idea. That was, essentially, the sticking point in that claim. 

The judge in the case found that the author’s complaints merely highlighted a “list of fifteen random similarities” between his book and the film. In other words, he did not do a good enough job of describing the specific ways in which Don’t Look Up was similar. Many of his similarities were, in the judge’s words, “generic and unprotectable ideas” such as the comedic tone of both works and the various aspects of society they both criticized.

In contrast, here are just a few of the similarities called out between Bucky and Moana 2:

  • Polynesian teenager goes on voyage to save ancient village
  • Recurring theme of spiritual ancestors manifested as animals
  • Protagonist’s journey starts with a turtle
  • Plot involves a symbolic necklace, the search for an ancient island, and going on a mission to break a curse
  • Existence of “a perilous whirlpool-like oceanic portal”
  • Protagonist runs into a demigod who has tattoos as well as a giant hook
  • Inclusion of a giant creature concealed within a mountain

Does all of that equate to substantial similarity?

While some of the similarities noted can be fairly easily brushed aside on their own, others are a bit more eyebrow-raising, and together the judge thought they raised enough questions for the claim to have merit.

Are Bucky and Moana 2 Similar Enough to Constitute Infringement?

That is the $10 billion question, and it is not an easy one to answer. What we can say is that Disney seems to have had at least some access to Woodall’s work in the lead-up to developing the Moana franchise, and that both stories do seem to share similarities.

Are those similarities due to intentional infringement – or did they appear in the natural course of attempting to create a story based around the same culture and mythology? What led Disney to start crafting a movie around Polynesian myths in the first place? 

In the end, we may never have the complete truth behind those questions. What we do have is the list of highlighted similarities above. Ultimately, the outcome of this case likely revolves around how a jury interprets those similarities and their importance to the finished work.

Need help determining if someone has infringed on your copyrights for the original works you have created or in defending an allegation of copyright infringement? Do not hesitate to reach out.

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