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· 11/23/1990

Lou Shaw Eastborne Productions, Inc. v. Richard Lindheim Michael Sloan Universal City Studios, Inc. Columbia Broadcasting Systems McA Television, Ltd.

Citations

  • 919 F.2d 1353

How courts have described this case

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

  • holding that in copyright action involving literary works, satisfaction of extrinsic test is sufficient to survive summary judgment on issue of substan- tial similarity
  • applying the extrinsic test to determine \whether there is substantial similarity between the protected expression of ideas in two literary works\
  • reversing lower court’s grant of sum mary judgment for the defendant where reasonable minds could differ
  • Where reasonable minds could differ on a finding of substantial similarity, summary judgment is improper.
  • \Copyright law protects an author's expression; facts and ideas within a work are not protected.\
  • “We decline to expand the scope of the Lanham Act to cover cases in which the Federal Copyright Act provides an adequate remedy”

Source: CourtListener parenthetical corpus (CC0).

Judges: Alarcon, Brunetti, O'Scannlain

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.