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United States Ninth Circuit


Montz v. Pilgrim Films & Television, Inc., 08-56954

In an action for copyright infringement and related state claims based on defendants' use of plaintiffs' materials in developing a television show involving a team of "paranormal investigators" called "Ghost Hunters", dismissal of plaintiffs' state-law claims is affirmed where: 1) the Copyright Act preempted plaintiffs' implied contract claim because the rights asserted by the plaintiffs under the implied contract were equivalent to the rights of copyright owners under 17 U.S.C. section 106 -- namely, the exclusive rights to use and to authorize use of their work; and 2) defendants' alleged breach of confidence stemmed from an alleged violation of the very rights contained in section 106.

Appellate Information

  • Decided 06/03/2010
  • Published 06/03/2010

Judges

Court

  • United States Ninth Circuit

Counsel

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