Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Copyright Infringement/Summary Judgment Rulings

By ALM Staff | Law Journal Newsletters |
June 28, 2007

The federal district court in Johnson v. Foxx below noted that 'summary judgment in favor of a defendant in a copyright case is a practice that should be used sparingly.' The issue has long been debated, but summary judgment for defendants in copyright infringement isn't uncommon today. The case summaries that follow offer snapshots of recent rulings of this type.

A Slice of Pie Productions LLC v. Wayans Brothers Entertainment, 3:04cv1034 (JBA) (D.Conn. 2007): The plaintiff claimed that its screenplay 'Johnny Bronx' was infringed on by the defendants' movie 'White Chicks.' The U.S. District Court for the District of Connecticut initially noted that, 'due to potential dispute about which of the Wayans brothers' agents may have received and/or read the [plaintiffs'] screenplay, defendants assume for summary judgment purposes that they had access to the screenplay.' As a result, the court compared the works at issue for substantial similarity.

The court then ruled found that 'most of the similarities evident from a comparison between the Johnny Bronx screenplay and the White Chicks film arise from uncopyrightable elements and concepts, including ideas (which are noncopyrightable) that had been used prior to the creation of either work and scenes a faire.'

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.