FUNKY FILMS, INC., a California corporation; GWEN O'DONNELL, Plaintiffs-Appellants, v. TIME WARNER ENTERTAINMENT COMPANY, L.P., a Delaware limited partnership; HOME BOX OFFICE, a division of Time Warner Entertainment Company, L.P., Defendants-Appellees., 462 F.3d 1072

Summary

The court held that: (1) although both works explored themes of death, relationships, and sex, they did so in very different ways; (2) the series, unlike the screen play, was not a murder mystery, nor did it revolve around any plot-line in particular but used death to provide the focal point for exploring relationships and existential meaning; (3) beyond the basic premise of a family-run funeral home, there were no similarities in the setting, mood, or pace of the two works; (4) at a very high level of generality, both works shared certain plot similarities (a family-run funeral home, a father's death, and a return of a prodigal son who assists his brother in maintaining the family business), but general plot ideas were not protected by copyright law; (5) the similarities recounted by plaintiffs relied heavily on "scenes a faire" and were, at best, coincidental; (6) consequently, the two works were not substantially similar; (7) additional discovery would not change the fact that the ...