Twentieth Century-Fox Film Corporation v. McA Inc.

Appellants claim that their copyrighted production of the book and motion picture “Star Wars” was infringed by appellees’ production of “Battlestar: Galáctica.” The district court granted appellees’ motion for partial summary judgment. We reverse and remand.

OVERVIEW

In 1977, Twentieth Century-Fox produced and distributed the motion picture “Star Wars.” The commercial success of that venture did not go unnoticed. The following year “Battelstar: Galáctica” was released as both a motion picture and television series. Universal Studios, Inc., a subsidiary of MCA, Inc., produced and owned the rights to Battlestar, and ABC televised the Battlestar space saga.

In June, 1978, Fox commenced this action against MCA, Universal, and ABC, alleging copyright infringement. Subsequently, Fox’s amended complaint joined Lucasfilm, Ltd. as co-plaintiff, and alleged that defendants had also infringed Lucasfilm’s copyright in its 1976 Star Wars book.

Defendants moved for partial summary judgment on the copyright claims. In connection with that motion, the trial judge reviewed a videotape montage of prior science fiction works, the Star Wars film and book, and a videotape of the first television…