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Idea submission case involving “ghost hunters” television series not preempted by copyright law

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 28 2011

In a 7-4 decision, the U.S. Court of Appeals for the Ninth Circuit held, en banc, that a writer sufficiently stated an implied contract claim, not preempted by copyright law, where a plaintiff alleged a bilateral expectation that the plaintiff would be compensated by defendant for use of plaintiff’s idea

Ninth Circuit adopts lower court’s use of its own "blades of chaos" to filter out the unprotectable elements of a plaintiff’s copyright infringement claim

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 31 2011

The U.S. Court of Appeals for the Ninth Circuit adopted and affirmed the trial court’s decision that no reasonable juror could conclude that Sony’s God of War videogame contained substantially similar ideas and expression to any of the protectable elements contained in the plaintiffs’ works