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Silvers v. Sony Pictures Entertainment, Inc.
United States Court of Appeals for the Ninth Circuit
402 F.3d 881 (9th Cir. 2005)
Nancey Silvers (plaintiff) wrote a script for a made-for-television movie on behalf of Frank & Bob Films. Frank & Bob Films held the copyright to her script. A few years after the movie based on Silvers’s script aired, Sony Pictures Entertainment, Inc. (Sony) (defendant) made a movie with a script very similar to Silvers’s script. Frank & Bob Films assigned Silvers the right to an infringement claim against Sony, but retained ownership of the script’s copyright. The 1976 Copyright Act (Copyright Act), 17 U.S.C. § 501(b), authorized the owner of an exclusive right under a copyright to sue for infringement. Silvers brought suit against Sony for copyright infringement, and Sony moved to dismiss for lack of standing under the Copyright Act.
Rule of Law
Holding and Reasoning (Graber, J.)
Dissent (Bea, J.)
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