Rice

Rice v. Fox Broadcasting Co.

Caution

2003 Daily Journal DAR 5747·330 F.3d 1170·2003 WL 21231927·66 U.S.P.Q. 2d (BNA) 1829·2003 Cal. Daily Op. Serv. 4473

United States Court of Appeals for the Ninth CircuitMay 29, 2003Nos. 01-56582, 01-56846California4,591 words

Opinion

Lead Opinion

Scannlain, J.

We must decide whether the owner of a copyrighted video can sustain an infringement claim against a television network for its broadcast of a program revealing the secrets of professional magicians.

I

Robert E. Rice owns the copyright to a home video entitled The Mystery Magician that was created in 1986 and reveals how to perform several well-known magic tricks and illusions. Rice created and registered the script for The Mystery Magician and signed an agreement with International Creative Management (“ICM”) for the purpose of commercially exploiting the video. In February 1986, ICM negotiated a ten-year exclusive video distribution deal on Rice’s behalf with CBS/Fox Video Westinghouse. At the end of the contract, Rice entered into agreements with other entities to continue distribution of The Mystery Magician. Between 1986 and 1999, approximately 17,000 copies of The Mystery Magician were sold worldwide.

Sometime between 1995 and 1997, Fox Broadcasting Company (“Fox”) began development of a series of television specials about magic (“Specials ”). Similar to The Mystery Magician, the premise behind Fox’s programming idea was revealing the secrets behind famous magic…

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