IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks


Table of Contents:

•Radin v. Hunt

Radin v. Hunt, USDC C.D. California, December 15, 2011

•District court grants summary judgment in favor of defendants Showtime Networks Inc. and Darlene Hunt, holding that plaintiff could not establish any genuine issue of fact on the issue of whether defendants had access to her screenplay prior to the creation of the television series, The Big C.

Plaintiff Nancy Radin, the author of a screenplay entitled Quality of Life, brought suit against Darlene Hunt, the writer and creator of the cable television series The Big C, and against the Showtime Networks, which airs the show, alleging that the defendants, without authorization, created derivative works based on her screenplay and broadcast those works in violation of the Copyright Act. Defendants moved for summary judgment, arguing that they had no access to her work prior to the completion of the development of their work and therefore plaintiff could not establish that they copied her work. Defendants also moved for summary judgment on the ground that the works were not substantially similar. The district court granted summary judgment in favor of defendants, finding that plaintiff could not establish any genuine issue of material fact as to defendants’ access to her copyrighted work during the relevant time, and that the two works were “far from strikingly similar,” and therefore did not support any inference that defendants’ work could only have come about through copying of plaintiff’s screenplay.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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