Marder

I. Factual and Procedural Background

The movie Flashdance, released in 1983, tells the story of a woman construction worker from Pittsburgh, Pennsylvania who performs at night as an exotic dancer.1 She performs an innovative form of dancing that includes a “chair dance,” dur- ing which she douses herself with water. Her goal is to obtain formal dance training at a university.

Flashdance brought in over $150 million in domestic box office receipts for Paramount. The film has remained popular since its release and it continues to be shown on television and distributed through video sales and rentals.

According to Marder, the Flashdance story was modeled after her life story and career as a nightclub dancer. She claims that she contributed to the creation of Flashdance by providing Paramount with details of her life story with the understanding that Paramount would use this information to create an original screenplay. Marder also claims that she con- ferred with writer Joe Eszterhas in creating the screenplay.

On December 6, 1982, Marder signed a “General Release” (“Release”)2 purporting to discharge Paramount, its subsidia- ries, and its executives from claims arising out…