Law.com Subscribers SAVE 30%

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

Entertainment Law & FinanceLJN NewslettersNewsSections

Screenplay Plaintiffs Can Proceed Against Production Co., But Not Film Distributor

By Amanda Bronstad
February 28, 2012

Two brothers who assert that their copyrighted screenplay The Last Samurai was stolen to make the 2003 film of the same name can go to trial against the production company and its principals, but not distributor Warner Bros. Entertainment or writer John Logan, a federal judge has ruled. In a Feb. 14 order on summary judgment, U.S. District Judge Philip Gutierrez in Los Angeles found that Aaron and Matthew Benay, who had pitched their screenplay idea to The Bedford Falls Co. and one of its executives in 2000, could pursue their implied-in-fact contract claims against the production company and its two partners, Edward Zwick and Marshall Herskovitz. Gutierrez granted summary judgment, however, for Warner Bros. and Logan. Benay v. Warner Bros. Entertainment Inc., 08-55719.

'We are gratified by the court's dismissal of Zwick, Herskovitz and Bedford's motion for summary judgment,” John Marder of Marder, Zink & Karlzen in Los Angeles, who represents the Benays, said in a prepared statement. “As for Warner Bros., we are researching our options for appeal. We want to make certain that all the responsible parties are held accountable.”

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
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

CLE Shouldn't Be the Only Mandatory Training for Attorneys Image

Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.

Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing Image

A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.