Funky Films, Inc. v. Time Warner Entertainment Co., L.P.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• discussing that while both works at issue explore the same themes, “they do so in very different ways”
• explaining that the extrinsic test considers articu-lable similarities between characters and plot and that “[a] plaintiff who cannot satisfy the extrinsic test necessarily loses on summary judgment”
• stating that when considering motions for summary judgment in copyright cases, courts apply only an extrinsic test to analyze objectively whether the protectable elements of two works are substantially similar
• noting that sequence of events is a factor in considering substantial similarity
• requiring the court to filter out nonprotectable elements from the analysis
• a claim for copyright infringement requires that the plaintiff show (1) ownership in the copyright and (2

Source: CourtListener parenthetical corpus (CC0).