United States Ninth Circuit

In an action alleging copyright infringement under federal law and breach of contract under California law based on defendants' alleged misappropriation of plaintiffs' screenplay, summary judgment for defendants is affirmed in part where, even if defendants had access to the screenplay, plaintiffs did not show sufficient similarity between the screenplay and the film (The Last Samurai) to maintain an infringement claim under federal copyright law. However, the judgment is reversed in part where novelty was not required for an implied-in-fact contract claim arising out of unauthorized use.

Appellate Information

• Argued 10/08/2009
• Decided 06/09/2010
• Published 06/09/2010

Judges

• Before WILLIAM A. FLETCHER and RICHARD R. CLIFTON, Circuit Judges, and JAMES K. SINGLETON,Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Sylvia Havens, Los Angeles, CA, for the appellants.


• For Appellees:
  
• George R. Hedges, Gary E. Evans, Quinn Emanuel Urquhart Oliver & Hedges, LLP, Los Angeles, CA, Jaime Wayne Marquart, Daryl Marc Crone, Baker Marquart Crone & Hawxhurst, LLP, Los Angeles, CA, for the appellees.