POSTED: 9:02 a.m. EST November 19, 2002
UPDATED: 4:38 p.m. EST November 19, 2002
ORLANDO, Fla. -- The estate of an artist who painted a
never-built theme park featuring the world's nations sued Walt
Disney Co. on Tuesday, claiming his vision was stolen and turned
into Epcot Center.
Mark Waters' 1961 painting for Miniature World, based on a U.S.
Air Force officer's concept, bears striking similarities to
Disney's Epcot, which opened in 1982. Both parks have hourglass
shapes, large spheres at their entrances and a lake surrounded by
pavilions evoking different countries.
According to the lawsuit filed in U.S. District Court, Lt. Col.
Robert M. Jaffay had met Waters while stationed in Hawaii. Jaffay
took the painting to Disney officials in 1963, only to have the
company turn down his pitch.
But in 1979, Disney unveiled its plans for Epcot -- and they looked much like Waters' painting.
"We believe that Disney will now have to deal with this case
straight up,'' said John Stemberger, the attorney representing the
estate of Waters, who died in 1997. "They'll have to face the
music and not hide behind any legal technicalities and legal
procedures."
Stemberger said a settlement or verdict against Disney could
cost the company hundreds of millions of dollars.
A Disney spokeswoman said the suit has no merit.
"It has nothing to do with the pursuit of the truth, but it has
everything to do with the pursuit of financial gain,'' said Marilyn
Waters, who is not related to the artist.
She also noted that the artist's wife and daughter filed a
similar suit against Disney last year, but a federal court in Rhode
Island threw it out because the statute of limitations had long
expired. An appeals court upheld that decision.
"Clearly, they're trying to manipulate the court system to find
a better venue,'' she said.
Stemberger, who also represents the Jaffay family, said they
also may file a lawsuit, but gave no further details.
Jaffay, who died in Wooster, Ohio, in 2000, went to his grave
claiming credit for Epcot. The company responded by taking the
unusual step of releasing volumes of sketches, photos and memos as
evidence that there was no theft.
Disney has always claimed that the World Showcase section of
Epcot, which features pavilions displaying cultural exhibits from
11 countries, was inspired by World's Fairs. Also, Epcot has a
section devoted to futuristic technology that wasn't part of
Miniature World's plans.
There is a precedent for Disney stealing ideas and
multimillion-dollar penalties against the company after lawsuits.
In 2000, two businessmen were awarded $240 million by a jury that decided Walt Disney stole their idea for its Wide World of Sports Complex at Walt Disney World. The company settled with the men for a far lower figure in September.
Stemberger of Orlando, a member of the plaintiff's legal team, predicts that "This lawsuit will establish the true history and origin behind another major Disney enterprise -- and even under the kindest of royalty models, the potential damages in a case of this nature are simply staggering."
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