Montz v. Pilgrim Films & Television, Inc.
United States Court of Appeals for the Ninth Circuit
649 F.3d 975 (2011) (en banc)
- Written by Sarah Holley, JD
Facts
Larry Montz (plaintiff) conceived of an idea for a television show that would follow a team of paranormal investigators to different real-world locations, where the team would use various devices to investigate reports of paranormal activities. Montz pitched the idea to television studios and producers, including representatives of NBC Universal, Inc. (defendant), and presented materials related to the concept throughout the process. NBC indicated it was not interested but later partnered with Pilgrim Films & Television, Inc. (defendant) to produce a series based on Montz’s idea and materials, which was ultimately called Ghost Hunters. Montz filed suit against NBC and Pilgrim for breach of implied contract and breach of confidence, among other causes of action. Montz’s complaint specifically alleged that he presented the idea on the express condition that he would receive a share of the profits derived from any use of his idea. The district court found Montz’s state-law claims to be preempted by the federal copyright laws and dismissed both claims.
Rule of Law
Issue
Holding and Reasoning (Schroeder, J.)
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