Dugan

Defendants seek summary judgment in an action wherein the plaintiff prays for damages based on alleged infringement of copyright on his copyrighted “playlet” or sketch of a program entitled “OPPORTUNITY”, as set forth in full as Exhibit 1 to plaintiff’s first amended complaint. Exhibit 6 to the complaint appears to set forth an amplication of the basic idea outlined in Exhibit 1, though quite different. No attempt was made to copyright the sketch, Exhibit 6, and it is urged by defendants and conceded by plaintiff’s counsel that any relief sought as to use by defendants of an alleged expression of ideas from Exhibit 6, which is entitled “IT’S ME — IS THIS YOU”, would have to be sought by way of an action on common law rights for plagiarism or breach of contract but not available in this action.

The question involved is, do defendants’ television programs, referred to in more detail hereafter, which were broadcast through the facilities of defendant American Broadcasting Company, infringe plaintiff’s copyrighted sketch entitled “OPPORTUNITY”, Exhibit 1 to plaintiff’s first amended complaint. This question prompts the queries:

The above mentioned affidavits and' scripts of alleged…