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Documentary creators sue filmmakers over Marshall University movie

HUNTINGTON W.Va.

The creators of the award-winning documentary “Ashes to Glory” have filed a $40 million lawsuit alleging the makers of the Hollywood film “We Are Marshall” stole their ideas and research.

Both the 2000 documentary, which was copyrighted that year, and the 2006 movie chronicle the Marshall University football program’s rise to prominence following a 1970 plane crash that killed most of the team.

The lawsuit was filed June 20 in U.S. District Court for the Central District of California on behalf of Deborah Novak and John Witek.

Novak and Witek allege Warner Bros. Pictures LLC, director McG, producer Basil Iwanyk and others associated with the movie committed breach of contract, fraud and copyright infringement.

The lawsuit, which seeks a jury trial, seeks $40 million for general and economic losses, punitive and exemplary damages, statutory damages, restitution for all alleged illegal proceeds obtained by the defendants and attorneys’ fees. It also seeks an order directing the defendants to cease and desist in actions in which they obtain these alleged illegal proceeds.

A Warner Bros. representative said the company cannot comment on ongoing litigation. Messages left for lawyers for the plaintiffs and the other defendants, along with “We Are Marshall” screenwriter Jamie Linden and movie co-producer Mary Viola, were not immediately returned Wednesday.

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