Jeffrey Kouf v. Walt Disney Pictures & Television

Jeffrey Kouf (“Kouf’) appeals the district court’s summary judgment in favor of Walt Disney Pictures and Television (“Disney”) in his action under the Federal Copyright Act, 17 U.S.C. §§ 501 , 504. Kouf alleges that Disney infringed on his copyright in his screenplay entitled “The Formula,” when it made the film “Honey, I Shrunk the Kids.” The district court found that the two works were not substantially similar. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

BACKGROUND

In July 1985, Kouf anonymously submitted a copyrighted screenplay entitled “The Formula” to Disney which Disney rejected in April 1986. In June 1989, Disney released the film “Honey, I Shrunk the Kids” which grossed over $80,000,000. Kouf contends that Disney copied “The Formula,” without paying Kouf for its use, when it made “Honey, I Shrunk the Kids.”

Kouf sued in district court, alleging copyright infringement in violation of the Federal Copyright Act. Disney moved for summary judgment, conceding that Kouf owned a copyright to his screenplay and that Disney had access to the screenplay. Disney asserted only that the film and the screen play were dissimilar as a matter of law.

The film “Honey, I…