Entertainment Law Question #6?

A producer comes to Dynamic Studios with a movie idea about people switching bodies. Someone else comes to them with the same idea and they go with the second person's idea. They do not pay the original producer and he sues. In defending against the producer's lawsuit, Dynamic proves that the idea of an adult and a youth switching bodies has been dramatized in at least four other movies, such as Big starring Tom Hanks.

If Dynamic asks for a summary judgement, dismissal of the case, on the grounds that the producer's idea was not novel, what is the result likely to be? Why?

I mentioned it before, but I think Dynamic鈥檚 best bet would have been to pay Producer off for his idea and then gone with Marvel鈥檚 pitch. That way they could have warded off a lawsuit. But in this instance, they didn鈥檛 pay him anything, and he has sued as I expected he would. I believe that in this case, Dynamic might be able to get dismissal of the case on the grounds that Producer鈥檚 idea was not novel. Marvel had come up with basically the same idea as Producer without knowing about his idea and many people before them both had also come up with this idea. Dynamic could have grounds for dismissal of the case if they were able to show proof that Producer鈥檚 idea wasn鈥檛 novel and explicitly prove that Marvel had come up with the idea independently from Producer or the studio itself. Given proof of these, the courts would most likely side with Dynamic Studios stating that there can technically be no copyright of an idea in the public domain and the lawsuit would be dismissed

Wow. You're GETTING BETTER AT THIS

That's a toughy. A crafty lawyer would have to WRANGLE a judge.

This is one of those cases you try in Minneapolis MN, which has no movie industry.

You DEFINATELY don't want this one TRIED anywhere in California!

The key here is the migitigating circumstances.

Dynamic would make the same offer as I proposed in #4

Here it would be contingent that Producer 1 says, F no

I want 20% of the Gross. I want to be PRESENTER and EXECTUTIVE PRODUCER. I want to be in the PROMOTION CAMPAIGN and go on Jay Leno.

Dyanamic would NEVER go for that.

It would go to court.

Then it's UP to the LAWERS and the JUDGE

As I said. If I were producer #1, I'd sue in Texas or Lousiana or Georgia but NOT in California and CERTAINLY NOT in Los Angeles or Burbank!

As for your specific question, if you had Denny Crane as an attorney you'd get it to trial.

One thing to bear in mind, that JUDGE realizes, as did Judge Ito, that he's going to be on COURT TV all day long for the duration of this trial!

Milk it and wait for someone to scream UNCLE!

You didn't say how RICH PRoducer 1 was. Nor did we discuss F Lee Bailey going PRO BONO on this

If I was the studio, I'd ask for as many extensions and as many postponments as I could.

But your honor, Mr. De Lauentis has six films in production around the world and he's obligated to oversee all of them. He can't possibly appear here until the year 3201!

But, your honor, Mr. Gibson is in the Mayo clinic in a mustard wrap and his doctor, Senator Frist, say he can't be moved! If we can just change the venue of this to Los Angeles so he oculd get treatment at Cedars of Sianai, then we might have a more expiditious resolution!

Then I'd wait for Producer one to near BANKRUPTCY and offer him a Cash Settlemen, small screen credit and pay his lawyer bills to just GO AWAY.

Remember, Penny, this is LAW we are talking about.

Not BRAIN SURGERY!

Assuming that second idea can proved to have come independently without input from the first applicant , then dismissal of the case would be the most likely out come as there can be no copyright of an idea in the public domain