In 2004, the U.S. Court of Appeals for the Ninth Circuit decided that state implied-in-fact contract claims weren't preempted by federal copyright law. Grosso v. Miramax Film Corp., 383 F.3d 965 (9th Cir. 2004).
New Ninth Circuit Rulings on Implied-Contract Claims Provide Guidance for Idea-Submission Cases
In 2004, the U.S. Court of Appeals for the Ninth Circuit decided that state implied-in-fact contract claims weren't preempted by federal copyright law. <i>Grosso v. Miramax Film Corp.</i> The ruling resulted in a predictable increase in idea-submission suits over TV and film productions. But few judicial opinions since have cited <i>Grosso</i>. In June 2010, however, the Ninth Circuit issued two decisions ' with differing results ' that, by also drawing from precedents from decades before, illuminate how a court should consider the elements of an implied-contract case.
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Amanda Bronstad And Stan SoocherThis premium content is locked for LawJournalNewsletters subscribers only
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