idea vs. expression cases

Nicholas v. Universal Pictures Corp

• Universal Pictures (defendant) made a movie called The Cohens and the Kelly's very similar to Anne Nichols’ play Abie’s Irish Rose, both about Jewish families with similar plot

• Nichol’s play focuses more on religion and interfaith marriage, Universal’s movies is more about interpersonal hostility, family money

• asks if the Universal infringed Nichol’s copyright by using a similar plot

• Court of Appeals held that they didn’t infringe any copyright bc it doesn’t protect general themes + broad plot premises

• main plot points were not the same, didn’t infringe

• copyright protects OG dialogue + wording, distinctive characters, concrete artistic expression

Zambito v. Paramount Pictures Corp

• Gary Zambito (plaintiff) wrote screenplay called Black Rainbow, sued Paramount Pictures (defendant) for infringement over Raiders of the Lost Ark similarities

• Paramounted admitted they had access to Zambito’s screenplay

• court asked if they were too similar to be copyright infringement

• held that Raiders didn’t infringe, there were shared elements (archaeologist hero, ancient treasure, cave with snakes, devise involving sunlight to find treasure)

• argues sans a faire: caves with naturally have snakes and all that

what did the Zambito case prove that infringement cases must show?

• ownership of a valid copyright

• + copying or protected expression

Universal Studios, Inc v. Film Ventures International, Inc

• Universal (plaintiff) owned copyrights for Jaws and Jaws 2

• FVI acquired US and Canadian distribution rights to Italian-produced movie Great White (aka The Last Shark) with those same concepts. intended to distribute and explout movie in US, Universal sued claiming GW copied protect elements of Jaws and Jaws 2

• Court found that GW and Jaws were substansially similar, GW was most likely to prevail in the market, people will get confused

Clayton Prince Tanksley v. Lee Daniels

• Clayton Prince Tanksley (plaintiff) wrote and copyrighted Cream, proposed 3-eipsode drama pilot with African American male recording company executive, his business and family relationship, record-label environment, and conflicts with artists in music industry

• Lee Daniels (defendant, along with Fox entities) created Empire about lowkey the same thing

• Tanksley sued Daniels for copyright infringement, Daniels moved to dismiss under Federal Rule of Civil Procedure 12(b)(6)

• 3rd circuit held that they were similar, substantially. similar projects can be ruled with a motion to dismiss rather than costly trial