In order to prevail in a copyright infringement case, the plaintiff must show either direct evidence of copying, or “access to the plaintiff’s work” such that copying can be proved circumstantially.

This requires a showing of a “reasonable probability”, not merely a bare possibility, that the infringer had the chance to  view the protected work.  Without direct evidence, circumstantial evidence must show either by establishing a chain of  events linking the plaintiff’s work and the defendant’s access, or a showing that the plaintiff’s work has been widely disseminated.

To state a claim for copyright infringement, a Plaintiff must allege: “(1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.” [Feist Publ'ns, Inc. v. Rural Tele. Serv. Co., 499 U.S. 340, 361, 111 S.Ct. 1282, 113 L.Ed.2d 358 (1991)].

The second prong requires a plaintiff to allege that “the infringer had access to plaintiff’s copyrighted work and that the works at issue are substantially similar in their protected elements.” [Cavalier v. Random House, Inc., 297 F.3d 815, 822 (9th Cir.2002)].

Even if access is present, a Plaintiff cannot state a claim if substantial similarity is lacking. “No amount of proof of access will suffice to show copying if there are no similarities.”

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Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition. He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale. Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

His emphasis is on trademark infringement, unfair competition and trade secret litigation. Los Angeles trademark infringement lawyer Robert G. Klein has acted as lead counsel in approximately 60 trials.

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I am the attorney for an individual in the entertainment industry who had an interesting idea for a television or feature film.   In order to attract a producer who could arrange to finance this movie, my client first needed to obtain a screenplay.  He approached an individual and offered to pay him $30,000 to write the screenplay.

The parties entered into a written agreement.  The screenwriter did not want the agreement to say he was the writer because of various obligations he had to his guild that he wanted to avoid.  My client paid $30,000 for a completed screenplay.

The parties are now at odds and the writer is claiming he was not paid for the script and that he owns the screenplay.  This raises the issue of ownership of the copyrights.

We believe this screenplay is what is known as a “work for hire” and that my client owns the copyrights.  A work for hire is defined as a “work prepared by an employee within the scope of his or her employment”.  If not created as part of an employer-employee relationship, the work can still qualify as a work for hire if it fits into one of none categories including that it was part of a motion picture, and the parties agree in writing that it is a work for hire.

While this sounds simple enough, there is a ton of case law that defines when the relationship was that of employer-employee and when a written agreement sufficiently complies with the copyright law.

Robert G. Klein, Esq. is a Los Angeles trademark attorney and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, and unfair competition.  He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale.  Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, and business law matters.  He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

Posted in Business Litigation, Copyright, Intellectual Property  |   No Comments/Questions