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MitchellSilberberg &Knupp
LLP
 
DECLARATION OF JAMES CAMERON
12345678910111213141516171819202122232425262728ROBERT H. ROTSTEIN (SBN 72452),rxr@msk.comELAINE K. KIM (SBN 242066),ekk@msk.comMITCHELL SILBERBERG & KNUPP LLP11377 West Olympic BoulevardLos Angeles, California 90064-1683Telephone: (310) 312-2000Facsimile: (310) 312-3100Attorneys for DefendantsLightstorm Entertainment, Inc. andJames CameronUNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIAWESTERN DIVISIONGERALD MORAWSKI,Plaintiff,v.LIGHTSTORM ENTERTAINMENT,INC., a California corporation; JAMESCAMERON, an individual; and DOES 1through 10,Defendants.CASE NO. CV 11-10294-MMM (JCGx)Hon. Margaret M. Morrow
DECLARATION OF JAMESCAMERON IN SUPPORT OFDEFENDANTS LIGHTSTORMENTERTAINMENT, INC. ANDJAMES CAMERON’S MOTIONFOR SUMMARY JUDGMENT
Time: 10:00 a.m.Date: January 14, 2013Ctrm.: 780[Notice of Motion and Motion forSummary Judgment; Separate Statementof Undisputed Facts and Conclusions of Law; Supporting Declarations, and[Proposed] Judgment filed concurrentlyherewith]
Case 2:11-cv-10294-MMM-JCG Document 117 Filed 11/13/12 Page 1 of 45 Page ID#:1993
 
MitchellSilberberg &Knupp
LLP
 
2
DECLARATION OF JAMES CAMERON
12345678910111213141516171819202122232425262728
DECLARATION OF JAMES CAMERON
I, James Cameron, declare as follows:1.
 
I am a motion picture director, screenwriter and producer. I am theChief Executive Officer of the film production company, LightstormEntertainment, Inc. (“Lightstorm”), a California corporation. I have personalknowledge of the facts set forth herein, which are known by me to be true andcorrect, and if called as witness, I could and would competently testify thereto.2.
 
Among others, I have directed as well as written the screenplays forthe films
The Terminator 
(1984),
 Aliens
(1986),
The Abyss
(1989),
Terminator 2: Judgment Day
(1991),
True Lies
(1994), and
Titanic
(1997).
Titanic
won theAcademy Award for Best Picture and I received the Academy Award for BestDirector for my work on that film.3.
 
My most recent motion picture was
 Avatar 
, which I also both wroteand directed.
Avatar 
premiered in London on December 10, 2009.
 Avatar 
wasnominated for nine Academy Awards, including Best Picture and Best Director,and it won three Academy Awards, for Best Cinematography, Best Visual Effects,and Best Art Direction.4.
 
Unequivocally, the story for
 Avatar 
is the result of my independentcreation. More specifically as it relates to this case, in creating
 Avatar 
, I did notuse any ideas or materials provided by Plaintiff Gerald Morawski.5.
 
I met Mr. Morawski in 1991. At that time, I was interested in some of his artwork, which featured light being depicted in unusual ways. Mr. Morawskicalled this “Light Art.” I contemplated using his art in connection with a projectcalled
 Burning Chrome
, based on the short story by William Gibson, about awounded war veteran who comes back into society as a partial cyborg.
 
I purchased
Case 2:11-cv-10294-MMM-JCG Document 117 Filed 11/13/12 Page 2 of 45 Page ID#:1994
 
MitchellSilberberg &Knupp
LLP
 
3
DECLARATION OF JAMES CAMERON
12345678910111213141516171819202122232425262728four items of Mr. Morawski’s Light Art in 1991 and paid him $4,000. Ultimately,
 Burning Chrome
was not produced.6.
 
Subsequently, in or around January, 1992, Mr. Morawski asked that Iloan him money because he said he was in desperate financial straits. Since I hadbeen a struggling artist myself in my post-college years, I was sympathetic. Iloaned him $5,000. It was never repaid.7.
 
I understand that Mr. Morawski claims that he pitched me the storyfor
 Avatar 
in 1991. He claims that he did so in a “project” of his entitled“Guardians of Eden.” I have no recollection of Mr. Morawski pitching me“Guardians of Eden.” In any case, his “Guardians of Eden” project was certainlynot the basis of 
 Avatar 
or any element within it. As addressed by others inconnection with this motion, Plaintiff’s “Guardians of Eden” does not materiallyresemble
 Avatar 
in any way whatsoever. In this regard:a. Lightstorm has in its possession a written document entitled“Conceptual Summary of ‘Guardians of Eden,’” which apparently was submittedby Mr. Morawski, a true and correct copy of which is attached as
Exhibit 1
. Thedocument does not constitute the story of 
 Avatar 
.b. Lightstorm also has in its possession a set of pitch notes fromAnne Damato, dated December 4, 1991, a true and correct copy of which isattached as
Exhibit 2
. Ms. Damato was a Lightstorm employee and her jobresponsibilities at the time included attending pitch meetings and writing downpitches as presented. Ms. Damato’s notes reflect that there was a pitch meetingwith Mr. Morawski on or about December 4, 1991. But her notes do not reflectthat Mr. Morawski pitched the story of 
 Avatar 
or anything remotely like it. Rather,her notes are consistent with the story contained in Mr. Morawski’s “ConceptualSummary.” Simply stated, Mr. Morawski’s “Guardians of Eden” story as reflectedin his written submission, and as reflected in Ms. Damato’s notes, is not
 Avatar 
. In
Case 2:11-cv-10294-MMM-JCG Document 117 Filed 11/13/12 Page 3 of 45 Page ID#:1995
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