Lou Shaw Eastborne Productions, Inc. v. Richard Lindheim Michael Sloan Universal City Studios, Inc. Columbia Broadcasting Systems McA Television, Ltd.

Lou Shaw and Eastbourne Productions, Inc. (Shaw) appeal from a grant of summary judgment in favor of Richard Lindheim, Michael Sloan, and three entertainment cor porations (defendants). On appeal, Shaw argues that the district court erred in finding that, as a matter of law, there was no substantial similarity between his script entitled “The Equalizer” and defendants’ pilot script for their “Equalizer” television series. Because a reasonable trier of fact could have found that the two works are substantially similar, Shaw argues, the district court erred in dismissing his copyright and Lanham Act claims on summary judgment. We reverse and remand.

STATEMENT OF THE CASE

Lou Shaw is a well-known writer and producer in the entertainment industry in Los Angeles. At one time during the 1976-1977 television season, there were eight network television programs on the air that Shaw had created, written for, or produced. In February 1978, Shaw entered into an option contract with Richard Lindheim, an executive in the Dramatic Programming Division of NBC Television, that granted NBC the option to develop “The Equalizer,” a pilot script created by Shaw, into a television series. Shaw…