Seals-McClellan

Seals-McClellan v. Dreamworks, Inc.

Good Law
120 F. App'x 3
United States Court of Appeals for the Ninth CircuitDecember 9, 2004No. 03-55570; D.C. No. CV-99-12912-TJHCalifornia682 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff David Seals-MeClellan appeals the order granting summary judgment in favor of Defendants DreamWorks, Inc., DreamWorks Films LLC, DreamWorks Distribution LLC, DreamWorks LLC and Nina Jacobson (collectively “Defendants”) *4 on his copyright infringement claim. We affirm.

To prevail on a copyright infringement claim, a plaintiff must establish ownership and unauthorized copying of protected expression. Data East USA, Inc. v. Epyx, Inc., 862 F.2d 204, 206 (9th Cir.1988). Proof of copying requires evidence that the alleged infringer had access to the protected work before creating the accused work and that a substantial similarity of expression exists between the protected and accused works. Narell v. Freeman, 872 F.2d 907, 910 (9th Cir.1989).

The term “access” is defined as “an opportunity to view or copy plaintiffs work.” Three Boys Music Corp. v. Bolton, 212 F.3d 477, 482 (9th Cir.2000) (quoting Sid & Marty Krofft Tele. Prods., Inc. v. McDonald’s Corp., 562 F.2d 1157 , 1172 (9th Cir.1977)). Access is proven where “(1) a particular chain of events is established between the plaintiffs work and the defendant’s access to that work (such as through dealings…

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