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An Idea Doesn’t Have to be Novel to be Stolen (In California)

Published: March 31, 2022

by Scott M. Hervey
The IP Law Blog

In California, an idea theft claim is based in large part on the California Supreme Court case of Desny v. Wilder. In Desny, the plaintiff Victor Desny wrote a script depicting the real-life story of Floyd Collins, a boy who made headlines after he was trapped in a cave eighty feet underground.  In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone.  After reading his synopsis, Desny told Wilder’s secretary that Wilder and Paramount could use the script only if they paid him a reasonable amount for doing so. Shortly thereafter, Wilder created his own movie script mirroring Densy’s. Because Densy’s script was based on historical facts, and because Desny only conveyed the bare minimum of those facts to Wilder’s secretary, both parties conceded for the purpose of the appeal that the synopsis was not sufficiently original to form the basis of a federal copyright claim. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. The California Supreme Court explained that where an idea is furnished by one party to another, a contract sometimes may be implied even in the absence of an express promise to pay; a contract exists where “the circumstances preceding and attending disclosure, together with the conduct of the offeree acting with knowledge of the circumstances, show a promise to pay.

WT Deals: ‘Black’ Comic Book To Be Adapted by Warner Bros. and Studio 8

Published: March 29, 2022

Warner Bros. and Studio 8 are set to produce a film adaptation of the comic book “Black.” The comic was first introduced in 2016, created by Weintraub Tobin clients Kwanza Osajyefo and Tim Smith 3, and also published by Weintraub Tobin client Black Mask Studios.

Black Mask Studios’ Matteo Pizzolo will produce along with Jeff Robinov and John Graham of Studio 8. Osajyefo and Smith will co-produce and Black Mask’s Brett Gurewitz will serve as executive producer.

WT Clients: “CODA” Wins Three Academy Awards

Published: March 28, 2022

On March 27, 2022 CODA won all three Academy Awards for which it was nominated (Best Picture, Best Supporting Actor, and Best Adapted Screenplay). It made history as the first film with a predominantly Deaf cast and the first film produced by a streaming service (Apple TV+) to win Best Picture. Actor Troy Kotsur is also the first Deaf male actor to win an Oscar, taking home Best Supporting Actor, and writer and producer Siân Heder won for Best Adapted Screenplay. Weintraub Tobin congratulates clients Vendôme Pictures, Pathé Films, and Patrick Wachsberger, producers of the film, on their achievements.

February 8, 2022:

Weintraub congratulates clients Vendôme Pictures, Pathé Films, and Patrick Wachsberger on the announcement of three Academy Award nominations for the indie film CODA: Best Picture (Philippe Rousselet, Fabrice Gianfermi, and Patrick Wachsberger, producers), Best Adapted Screenplay (Siân Heder), and Best Supporting Actor (Troy Kotsur).

Alan Grodin and Tara Sattler began working with the CODA team during the early stages of development and provided legal services for the financing, production, and record $25M sale to Apple at the 2021 Sundance Film Festival. Shaun Gordon assisted with the distribution agreement.

CODA (Child of Deaf Adults) won the Grand Jury Prize, Audience Award, Directing Award, and U.S. Dramatic Special Jury Award for Best Ensemble at the 2021 Sundance Film Festival. The film has also been nominated at the BAFTA Awards, the Critics Choice Awards, the Artios Awards, the Independent Spirit Awards, the PGA Awards, and the WGA Awards.

The 94th Academy Awards are set to take place on March 27.

Instagram Defeats Embedding Lawsuit

Published: March 24, 2022

by Jessica R. Corpuz
The IP Law Blog

We previously wrote about a lawsuit filed in the Northern District of California against Instagram regarding the use of Instagram’s embedding tools. The plaintiffs, in that case, are two photojournalists who captured images of the George Floyd protests and the 2016 election and posted them to Instagram. Various media companies embedded the photos using Instagram’s proprietary embedding tools. The photos, therefore, appeared on websites without any license from the original photographers.