Anderson v. Stallone
Encyclopedia
Anderson v. Stallone, 11 USPQ2D 1161 (C.D. Cal. 1989) was a copyright infringement lawsuit against Sylvester Stallone
, MGM, and other parties over a script for Stallone's film Rocky IV
. This script written by Timothy Anderson was unsolicited and unauthorized, a key fact that led to Anderson losing the case.
, unfair competition, unjust enrichment
, and breach of confidence
against Stallone, MGM, and other parties. Stallone et al. filed a motion for summary judgment which was granted in part and denied in part. Anderson appealed. The case was thereafter resolved in a confidential out-of-court settlement.
, Anderson wrote a treatment for Rocky IV. According to Anderson's complaint filed with the court, in October 1982, Anderson met with Art Linkletter
, a member of MGM's Board of Directors
, at his Bel Air home; with Freddy Fields, then-president of MGM/UA at his Culver City
office; and also had meetings during the Summer of 1983 with then-Board Chairman Frank Yablans
and MGM/UA Vice President Peter Bart
. During the meetings, they discussed using Anderson's script for Rocky IV. Anderson claimed that MGM told him that if they used his script he would be paid a large sum of money. Anderson also met with Stallone in May 1983 at Stallone's Paramount Pictures
office in a meeting arranged and attended by then-Deputy White House Chief of Staff
Michael Deaver
.
The case was argued before District Judge Keller of the Central District of California. The Court concluded that the Defendants are entitled to their motion for summary judgment because Anderson's script is an infringing work not entitled to copyright protection.
The Court determined that the characters from the original movies were afforded copyright protection, using a standard borrowed from Judge Learned Hand
in Nichols v. Universal Pictures Corporation
. The key to the standard is that copyright protection is afforded when a character is developed with enough specificity to constitute protectable expression.
It was strikingly clear to the Court that Anderson's work was a derivative work; that under 17 U.S.C. section 106(2) derivative works are the exclusive privilege of the copyright holder (Stallone, in this case); and that since Anderson's work is unauthorized, no part of it can be given protection.
Anderson attempted to argue that Congressional history of 17 U.S.C. section 103(a) indicates that Congress intended non-infringing portions of derivative works to be protected. The Court disagreed, citing legal scholarship (Professors Melville Nimmer and David Nimmer) and case law interpretations of 103(a).
Sylvester Stallone
Michael Sylvester Gardenzio Stallone , commonly known as Sylvester Stallone, and nicknamed Sly Stallone, is an American actor, filmmaker, screenwriter, film director and occasional painter. Stallone is known for his machismo and Hollywood action roles. Two of the notable characters he has portrayed...
, MGM, and other parties over a script for Stallone's film Rocky IV
Rocky IV
Rocky IV is a 1985 American film written by, directed by, and starring Sylvester Stallone. It is the fourth and most financially successful entry in the Rocky franchise...
. This script written by Timothy Anderson was unsolicited and unauthorized, a key fact that led to Anderson losing the case.
Introduction
Timothy Burton Anderson, an author who wrote a script for the film Rocky IV, brought the suit for copyright infringementCopyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
, unfair competition, unjust enrichment
Unjust enrichment
Unjust enrichment is a legal term denoting a particular type of causative event in which one party is unjustly enriched at the expense of another, and an obligation to make restitution arises, regardless of liability for wrongdoing.Definition:...
, and breach of confidence
Breach of confidence
The tort of breach of confidence, is a common law tort that protects private information that is conveyed in confidence. A claim for breach of confidence typically requires the information to be of a confidential nature, which was communicated in confidence, and was disclosed to the detriment of...
against Stallone, MGM, and other parties. Stallone et al. filed a motion for summary judgment which was granted in part and denied in part. Anderson appealed. The case was thereafter resolved in a confidential out-of-court settlement.
Case background
In June 1982, after viewing the movie Rocky IIIRocky III
Rocky III is a 1982 American film that is the third installment in the Rocky film series. It is written and directed by and stars Sylvester Stallone as the title character, with Carl Weathers as former boxing rival Apollo Creed, Burgess Meredith as Rocky's trainer Mickey, and Talia Shire as Rocky's...
, Anderson wrote a treatment for Rocky IV. According to Anderson's complaint filed with the court, in October 1982, Anderson met with Art Linkletter
Art Linkletter
Arthur Gordon "Art" Linkletter was a Canadian-born American radio and television personality. He was the host of House Party, which ran on CBS radio and television for 25 years, and People Are Funny, on NBC radio-TV for 19 years...
, a member of MGM's Board of Directors
Board of directors
A board of directors is a body of elected or appointed members who jointly oversee the activities of a company or organization. Other names include board of governors, board of managers, board of regents, board of trustees, and board of visitors...
, at his Bel Air home; with Freddy Fields, then-president of MGM/UA at his Culver City
Culver City, California
Culver City is a city in western Los Angeles County, California. As of the 2010 census, the city had a population of 38,883, up from 38,816 at the 2000 census. It is mostly surrounded by the city of Los Angeles, but also shares a border with unincorporated areas of Los Angeles County. Culver...
office; and also had meetings during the Summer of 1983 with then-Board Chairman Frank Yablans
Frank Yablans
Frank Yablans is an American film producer and screenwriter The son of a Brooklyn cab driver and brother to fellow film producer Irwin Yablans, Yablans' first employers in the film business included Warner Bros., The Walt Disney Company and Filmways...
and MGM/UA Vice President Peter Bart
Peter Bart
Peter Benton Bart is an American journalist and film producer. He perhaps best known for his lengthy tenure as the editor of Variety, an entertainment-trade magazine....
. During the meetings, they discussed using Anderson's script for Rocky IV. Anderson claimed that MGM told him that if they used his script he would be paid a large sum of money. Anderson also met with Stallone in May 1983 at Stallone's Paramount Pictures
Paramount Pictures
Paramount Pictures Corporation is an American film production and distribution company, located at 5555 Melrose Avenue in Hollywood. Founded in 1912 and currently owned by media conglomerate Viacom, it is America's oldest existing film studio; it is also the last major film studio still...
office in a meeting arranged and attended by then-Deputy White House Chief of Staff
Deputy White House Chief of Staff
The White House Deputy Chief of Staff is officially the top aide to the White House Chief of Staff, who is the senior aide to the President of the United States. The Deputy Chief of Staff usually has an office in the West Wing and is responsible for ensuring the smooth running of the White House...
Michael Deaver
Michael Deaver
Michael Keith Deaver was a member of President Ronald Reagan's White House staff serving as White House Deputy Chief of Staff under James Baker III and Donald Regan from January 1981 until May 1985.-Early life:...
.
The case was argued before District Judge Keller of the Central District of California. The Court concluded that the Defendants are entitled to their motion for summary judgment because Anderson's script is an infringing work not entitled to copyright protection.
The Court determined that the characters from the original movies were afforded copyright protection, using a standard borrowed from Judge Learned Hand
Learned Hand
Billings Learned Hand was a United States judge and judicial philosopher. He served on the United States District Court for the Southern District of New York and later the United States Court of Appeals for the Second Circuit...
in Nichols v. Universal Pictures Corporation
Nichols v. Universal Pictures Corporation
Nichols v. Universal Pictures Corporation, 45 F.2d 119 , was a cause célèbre by the United States Court of Appeals for the Second Circuit on copyright infringement by non-literal copying of a dramatic work...
. The key to the standard is that copyright protection is afforded when a character is developed with enough specificity to constitute protectable expression.
It was strikingly clear to the Court that Anderson's work was a derivative work; that under 17 U.S.C. section 106(2) derivative works are the exclusive privilege of the copyright holder (Stallone, in this case); and that since Anderson's work is unauthorized, no part of it can be given protection.
Anderson attempted to argue that Congressional history of 17 U.S.C. section 103(a) indicates that Congress intended non-infringing portions of derivative works to be protected. The Court disagreed, citing legal scholarship (Professors Melville Nimmer and David Nimmer) and case law interpretations of 103(a).