“NBC Universal has won an important appellate court victory over two individuals who claimed to have come up with the concept for the hit Syfy reality show ‘Ghost Hunters’”, reports Eriq Gardner for The Hollywood Reporter.
“In 2006, Larry Montz, a parapsychologist, and Daena Smoller, a publicist, filed a lawsuit against Syfy owner NBC Universal, producer Pilgrim Films & Television, and others claiming they conceived the idea of a show about a team of paranormal investigators who go into haunted locations,” reports Gardner. “The two claimed to have presented screenplays, videos and other materials to NBCU execs between 1996 and 2003.”
“The duo pursued an interesting legal theory all the way to a 9th Circuit Court of Appeal decision – If successful, Montz and Smoller could have forged a path for many others who try to work around the constraints of copyright law and pursue allegations of idea theft against studios,” reports Gardner.
“Over the years, it’s almost paranormal how often Hollywood studios have been accused of ripping off ideas,” reports Gardner. “These cases are rarely successful because copyright law only protects the expression of ideas —not the ideas themselves. It’s tough to prove breach of contract or breach of an implied contract, and these state law claims are often preempted by federal copyright law.”
Read the full article here.
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This case was argued before an en banc panel of the United States Court of Appeals for the 9th Circuit on December 16, 2010 in Courtroom Three of the Richard H. Chambers Federal Courthouse in Pasadena, California.
http://www.youtube.com/watch?v=K0PG-GXq11o