Legal Opinion

Metcalf v. Bochco

Court of Appeals for the Ninth Circuit

Decided June 12, 2002No. Nos. 01-55811, 01-56249, 01-56250PublishedCited by 46 opinions

1Opinion of the Court

OPINION

KOZINSKI, Circuit Judge:

We delve once again into the turbid waters of the “extrinsic test” for substantial similarity under the Copyright Act.

Facts1

In November 1989, Jerome Metcalf read two newspaper articles about the Army’s practice of training surgeons at inner-city hospitals to expose them to combat-like conditions. Based on these articles, Jerome and his wife Laurie (“the Metcalfs”) conceived a story about a county hospital in inner-city Los Angeles and the struggles of its predominantly black staff. Along with third party Joan Ray, the Met-calfs formed a corporation (“CCA”) to…

2Cases cited11 opinions

  1. Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
  2. Smith v. JacksonCourt of Appeals for the Ninth Circuit · 1996
  3. Apple Computer, Inc. v. Microsoft Corp.Court of Appeals for the Ninth Circuit · 1994
  4. John William See v. Christopher Durang and L.A. Stage CompanyCourt of Appeals for the Ninth Circuit · 1983
  5. Lou Shaw Eastborne Productions, Inc. v. Richard Lindheim Michael Sloan Universal City Studios, Inc. Columbia Broadcasting Systems McA Television, Ltd.Court of Appeals for the Ninth Circuit · 1990

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3Cited by46 opinions

  1. L.A. Printex Industries, Inc. v. Aeropostale, Inc.Court of Appeals for the Ninth Circuit · 2012
  2. Williams v. GayeCourt of Appeals for the Ninth Circuit · 2018
  3. Society of the Holy Transfiguration Monastery, Inc. v. Archbishop Gregory of DenverCourt of Appeals for the First Circuit · 2012
  4. Mattel, Inc. v. MGA ENTERTAINMENT, INC.District Court, C.D. California · 2011
  5. Funky Films, Inc. v. Time Warner Entertainment Co., L.P.Court of Appeals for the Ninth Circuit · 2006

41 more not listed; retrieve them via the Exa API.

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