Jury Finds Distributor David DeFalco Liable in Just Before Dawn Copyright Case
A West Palm Beach jury ruled that David DeFalco infringed Vlado Hreljanovic's rights in the 1981 horror film, while other defendants settled.
A six-person jury in West Palm Beach, Florida, found distributor David DeFalco liable for copyright infringement over the 1981 horror film Just Before Dawn, according to Variety. The verdict was returned on Oct. 20.
The case was brought by Vlado Hreljanovic, a retired accountant who holds the rights to the film. The jury sided with him against DeFalco, who ran the horror DVD business Dark Force Entertainment.
Other defendants named in the litigation, including AMC Networks, Kino Lorber, Amazon, Target, Best Buy and Walmart, reached out-of-court settlements. DeFalco did not.
During the dispute, DeFalco posted livestream videos attacking Hreljanovic and his lawyers.
Background to the dispute
Just Before Dawn was a low-budget 1981 slasher film set in the Oregon wilderness and starring George Kennedy. In 2012, Hreljanovic licensed the film to Bill Olsen's Code Red DVD for a six-year deal, which he let lapse in 2018. A few years ago he found the film streaming on Shudder and DVDs selling on Amazon. By 2022, DeFalco had licensed the title to Shudder for two years, a deal he says brought in $10,000. Bill Olsen died before the suit was filed, and Walt Olsen, of Scorpion Releasing, died a few months later.
Quick answers
What did the jury decide in the Just Before Dawn copyright case?
A six-person jury in West Palm Beach, Florida, found David DeFalco liable for infringing Vlado Hreljanovic's copyright in the 1981 film.
Did other defendants settle?
Yes. AMC Networks, Kino Lorber, Amazon, Target, Best Buy and Walmart reached out-of-court settlements; DeFalco did not.