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Price v. Fox Entertainment Group, Inc.
United States District Court for the Southern District of New York
499 F. Supp. 2d 382 (2007)
In 2001 David Price (plaintiff) and Ernando Ashoka Thomas (plaintiff) copyrighted a screenplay called Dodgeball: The Movie. In 2004 Fox Entertainment Group, Inc. (Fox) (defendant) released Dodgeball: A True Underdog Story. Both stories involved dodgeball competitions in which misfits or underdogs were pitted against bullies. However, Price and Thomas’s screenplay was centered on a town in which dodgeball was a prominent sport that the main characters grew up playing, whereas the main characters in Underdog Story become aware of dodgeball through a magazine highlighting obscure sports. The romantic relationships portrayed in the works also reflected significant differences. Price and Thomas brought a copyright-infringement action against Fox in the United States District Court for the Southern District of New York. Fox moved for summary judgment on the issue of striking similarity between the two works and to preclude expert witness testimony on the issue.
Rule of Law
Holding and Reasoning (Scheindlin, J.)
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