Circuit court affirms summary judgment in favor of producers and creators of motion picture Alien v. Predator, finding that plaintiff (the author of screenplay The Lost Continent) failed to prove copyright infringement (no evidence of access and no substantial similarity), and while finding that the Copyright Act did not preempt the breach of implied contract claim, the court found no evidence of the existence of a contract.
Second Circuit vacates district court’s dismissal of plaintiffs’ claim for breach of implied-in-fact contract for payment for use of their idea, holding that Copyright Act did not preempt claim.
Court, applying Second Circuit caselaw, dismisses action for breach of implied-in-fact contract as preempted by the Copyright Act.
Court grants Jerry Seinfeld’s motion to dismiss defamation claim and grants HarperCollins Publishers’ motion to dismiss breach of implied contract and misappropriation claims in action arising from publication of cookbook about preparing healthy food for kids.
In a copyright infringement action, the Third Circuit holds that a written memorandum need not be contemporaneous to validate a prior oral transfer of a copyright, but rules that there must be extrinsic evidence demonstrating that the prior oral transfer actually took place.
Defendants are the heirs of Jack Kirby, an author or co-author of several successful comic book stories including Spiderman, The Incredible Hulk, The X-Men, and The Fantastic Four.
In a case involving copyrighted video footage of Bernie Madoff, court holds that breach of contract claim based on alleged unauthorized use of an “exclusive” credit constituted an “extra element” such that the contract claim was not preempted by the Copyright Act.
District court grants motion to dismiss Lanham Act and right of publicity claims in action brought by Dr. Dre against company that re-issued his recorded works without his permission.
In a breach of contract action, the district court grants defendant producer’s motion to dismiss claims by The Weinstein Company, holding that parties’ oral negotiations for licensing and distribution rights to the motion picture Push, allegedly confirmed by an email exchange, do not constitute a writing that satisfies Section 204 of the Copyright Act.
Finding that the U.S. Court of Appeals for the Second Circuit has not addressed whether a claim for copyright infringement accrues under the discovery rule (i.e., when plaintiff knew or should have known of the infringement) or the injury rule (i.e., at the time of infringement), the court adopted the injury rule and held that any claims of copyright infringement by defendant The Medical Protective Company (MedPro) more than three years before the action was filed were time-barred.