Entous
Entous v. Viacom International, Inc.
Opinion
Opinion
Baird, J.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
I. INTRODUCTION
Defendant Viacom International, Inc. (“Defendant” or “Viacom”) brings a motion for summary judgment on the grounds that Plaintiffs claims are barred by the statute of limitations. In the alternative, Defendant moves for partial summary judgment on Plaintiffs claim for breach of an implied contract, on the grounds that such claim is preempted by federal copyright law.
II. FACTUAL BACKGROUND
Unless otherwise noted, the following facts are undisputed by the parties. Plaintiff alleges that he is the creator of a television show entitled “Music Videos: Uncut.” See Def.’s Statement of Uncon-troverted Facts (“SUF”) No. 1; Pl.’s 1AC ¶ 7. Plaintiff further alleges that he filed a copyright registration and deposited a treatment for “Music Videos:Uncut” with the United States Copyright Office on or about December 26, 1997. See PL’s 1AC at ¶ 9.
On either December 29, 1997 or December 31, 1997, Plaintiff submitted to Viacom a two-page written treatment for “Music Videos: Uncut” (the “Written Treatment”), and a videotape containing a “Music Videos: Uncut” commercial (the ‘Video Commercial”). (SUF No. 5). Concurrent…