Many Unprotectable Similarities May Add Up To Infringement

On June 12, 2002, the 9th U.S. Circuit Court of Appeals issued its most recent decision on the appropriate test for determining copyright infringement.  In Metcalf v. Bochco, 2002 DJDAR 6585 (9th Cir. June 12, 2002), the appellate court reversed the lower court’s grant of summary judgment against the plaintiffs, who claimed that the Steven Bochco-produced television drama, “City of Angels,” had infringed upon their screenplay.

In so ruling, the appellate court concluded that even though none of the claimed similarities between the two works was protectable when considered individually, "the presence of so many generic similarities and the common patterns in which they arise" were sufficient to create a triable issue of fact that precluded summary judgement on the issue of copyright infringement.

For additional information or a copy of the reprinted article, contact the author David Halberstadter.