Susan Nicholson Hofheinz sues Echelon Studios and four others over 1950s horror films

What was filed

The complaint is Document 1 in Hofheinz v. Echelon Studios, Inc., No. 2:26-cv-12500 (C.D. Cal.), filed and dated October 26, 2026. It runs nine pages. The defendants are Echelon Studios, Inc.; Future Today, Inc., doing business as Fawesome.tv; Plex, Inc.; Versant Media Group, Inc., doing business as Fandango; Play Now Media, LLC, doing business as Trashy Horror Movies; and Does 1 to 20. The complaint is signed by Nelson A. Campbell and also lists Trevor W. Barrett, both of Doniger / Burroughs in Venice, California. Jurisdiction is pleaded under 28 U.S.C. 1331 and 1338(a), with supplemental jurisdiction under 28 U.S.C. 1367(a), and venue under 28 U.S.C. 1391(b), 1391(c), and 1400(a). The plaintiff demands a jury under Fed. R. Civ. P. 38. (Compl. paras. 1 to 3; pp. 1, 9.)

The parties and the films

The complaint says Susan Nicholson Hofheinz is an individual residing in California. It alleges, on information and belief, that Echelon is a Delaware corporation based in Dover, Delaware, and alleges, on information and belief, that Future Today is a Delaware corporation based in Menlo Park, California, Plex is a Delaware corporation based in Los Gatos, California, Versant is a Pennsylvania corporation based in New York, New York, and Play Now is a Connecticut limited liability company based in Fairfield, Connecticut. It alleges, on information and belief, that Future Today, Plex, Versant, and Play Now each have written agreements about the exploitation of certain of the films with entities in the district, including Echelon. (Compl. paras. 4 to 9.)

The complaint alleges that Hofheinz is the exclusive owner of the rights in several horror films, including "IT Conquered The World," "Invasion Of The Saucer Men," "The Amazing Colossal Man," and "I Was a Teenage Frankenstein," which it calls the Subject Videos, and that they were registered with the Copyright Office before the conduct it describes. It alleges, on information and belief, that the defendants had access to the films, which it says were first released in the 1950s, through Echelon. (Compl. paras. 10, 11, 24.)

What the complaint alleges

The complaint alleges, on information and belief, that Future Today used all four films, plus "Eye Creatures," which it calls a derivative of "Invasion of the Saucer Men," and "ZONTAR the Thing from Venus," which it calls a derivative of "IT Conquered the World," on its commercial websites without authorization. It alleges, on information and belief, that Play Now used "IT Conquered the World," "Invasion of the Saucer Men," "I Was a Teenage Frankenstein," and "Eye Creatures"; that Plex used "Eye Creatures" and "ZONTAR the Thing from Venus"; and that Versant used "ZONTAR the Thing From Venus." (Compl. paras. 12 to 16.)

It alleges, on information and belief, that Echelon distributed the films to Future Today, Play Now, Plex, and Versant and authorized them to display, distribute, or otherwise exploit them without license or authorization from Hofheinz, and that Echelon has an ongoing business relationship with those four defendants. It alleges that, to the extent the defendants exploited the films more than three years before the case was filed, Hofheinz did not know and had no reason to know of it. (Compl. paras. 17 to 19, 25.)

Counts and relief

Hofheinz brings the first claim, copyright infringement, against all defendants, and alleges, on information and belief, that the infringement was willful, intentional, and malicious, which she says subjects the defendants to statutory damages under 17 U.S.C. 504(c)(2) of up to $150,000 per work infringed. She brings the second claim, vicarious copyright infringement, against Echelon alone, alleging, on information and belief, that Echelon's licensing agreements give it the right and ability to supervise the other defendants' use of "IT Conquered the World," "Invasion of the Saucer Men," and "I Was a Teenage Frankenstein," that it earns license revenue or a revenue share from their displays, and that it failed to demand that they stop. (Compl. paras. 20 to 38.)

The complaint asks for the defendants' profits plus Hofheinz's losses or, if elected, statutory damages under 17 U.S.C. 504; statutory damages and attorney's fees to the extent available under 17 U.S.C. 505; an accounting; costs; pre- and post-judgment interest; and other relief the court deems proper. (Compl. pp. 8 to 9.)

Registration and recorded documents

The Copyright Office public catalog lists renewal registrations for the four films, each naming Selma Enterprises as claimant, as proprietor of copyright in a work made for hire: RE0000208892 for "It conquered the world," registered July 25, 1984, renewing original registration LP0000007285 (July 26, 1956); and RE0000260916 for "Invasion of the saucer men," RE0000260918 for "The Amazing colossal man," and RE0000260920 for "I was a teenage Frankenstein," each registered October 15, 1985, renewing LP0000008889 (June 7, 1957), LP0000009436 (August 24, 1957), and LP0000009438 (November 27, 1957). The catalog lists a judgment of the Los Angeles Superior Court dated March 24, 1994, recorded February 8, 1995 (V3074P456), with Susan Nicholson Hofheinz as second party, covering nine titles that include all four films. It also lists four documents recorded February 14, 2013, each described as an instrument of transfer and assignment of rights from Selma Enterprises to Susan Nicholson Hofheinz, dated as of March 24, 1994, one for each film (V3627D357, V3627D355, V3627D150, and V3626D775).