Legal Opinion

John William See v. Christopher Durang and L.A. Stage Company

Court of Appeals for the Ninth Circuit

Decided July 22, 1983No. 82-6102PublishedCited by 165 opinions

1Per curiam

The district court granted summary judgment for defendants-appellees on the ground that no reasonable person could find any substantial similarity of expression between plaintiff’s “Fear of Acting” and defendant’s “The Actor’s Nightmare.” We affirm.

I

Summary judgment was appropriate. Plaintiff has cited no authority for the contention that the court must always view a production of the play, rather than relying solely on the script. That course might be desirable where the question of substantial similarity is close, but here it is not. In any event, it was not alleged that defendant copied…

2Cases cited6 opinions

  1. Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
  2. Walt Disney Productions v. The Air PiratesCourt of Appeals for the Ninth Circuit · 1978
  3. Universal Pictures Co. v. Harold Lloyd CorporationCourt of Appeals for the Ninth Circuit · 1947
  4. Roth Greeting Cards v. United Card Company, an Illinois CorporationCourt of Appeals for the Ninth Circuit · 1970
  5. Sonya Jason v. Jane FondaCourt of Appeals for the Ninth Circuit · 1982

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

3Cited by165 opinions

  1. The International Association of MacHinists and Aerospace Workers, Afl-Cio v. Winship Green Nursing CenterCourt of Appeals for the First Circuit · 1996
  2. Northwest Motorcycle Association v. United States Department Of AgricultureCourt of Appeals for the Ninth Circuit · 1994
  3. Northwest Motorcycle Ass'n v. United States Department of AgricultureCourt of Appeals for the Ninth Circuit · 1994
  4. Dr. Seuss Enterprises, L.P. v. Penguin Books Usa, Inc., a Corporation Dove Audio, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1997
  5. Apple Computer, Inc. v. Microsoft Corp.Court of Appeals for the Ninth Circuit · 1994

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

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