Metcalf

We delve once again into the turbid waters of the “extrinsic test” for substantial similarity under the Copyright Act.

Facts

In November 1989, Jerome Metcalf read two newspaper articles about the Army’s practice of training surgeons at inner-city hospitals to expose them to combat-like conditions. Based on these articles, Jerome and his wife Laurie (“the Metcalfs”) conceived a story about a county hospital in inner-city Los Angeles and the struggles of its predominantly black staff. Along with third party Joan Ray, the Met-calfs formed a corporation (“CCA”) to develop the idea into a full-length motion picture. Jerome then discussed the idea with defendant Michael Warren, a friend and actor who had starred in television shows produced by defendant Steven Bo-chco, including “Hill Street Blues.” Warren liked the idea and encouraged Jerome to write a project summary or “treat *1072 ment,” with the promise that he would present it to Bochco.

CCA commissioned a writer to prepare a treatment based on the Metcalfs’ idea. Unhappy with the result, the Metcalfs wrote their own treatment, titled it “Give Something Back,” and gave it to Warren. Warren said he liked it and…