Copyright Law | Expert Legal Commentary
September 8, 2010
Benay v. Warner Bros.: Upholding Contract Rights for Artistic Works Even Without Copyright Protection
Benay v. Warner Bros. Entertainment, Inc.
By
Ryan Smith and Thomas F. Zuber of Zuber & Taillieu
The U.S. Court of Appeals for the Ninth Circuit has affirmed that contractual protections for artistic works may be enforceable even in the absence of valid federal copyright protection for those works. In Benay v. Warner Bros. Entertainment, Inc., 607 F.3d 620 (9th Cir. 2010), the Ninth Circuit applied the extrinsic test to determine that the plaintiff’s screenplay, “The Last Samurai” was not substantially similar to the defendant’s movie by the same name to support a federal copyright infringement claim. However, the court applies a different analysis of “substantial similarity” in breach of contract actions, and under that standard, the plaintiff’s claims had merit, affording plaintiffs contractual protection for their screenplay.
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About the Authors
Ryan Smith is a Partner of Zuber & Taillieu, focusing on entertainment law.
Thomas F. Zuber is a Partner of Zuber & Taillieu, focusing on intellectual property protection and exploitation.
Image Credit: ©iStockphoto.com/ cynoclub
