Lassiter
Lassiter v. Twentieth Century Fox Film Corp.
Opinion
Lead Opinion
MEMORANDUM **
Appellants (collectively “Lassiter”) appeal the district court’s order granting summary judgment to Appellees (collectively “Fox”) on Lassiter’s copyright claim and the district court’s award of attorney’s fees to Fox. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.
Even assuming that Fox had access to Lassiter’s film Pay the Price when it created its feature film Drumline, 1 no reasonable jury could conclude that the two films were substantially similar. 2 Although Pay the Price and Drumline contain some broad, general similarities, the protectable elements of the two films contain significant differences and few real similarities. 3 Thus, the district court properly granted summary judgment in favor of Fox.
The record adequately supports the district court’s discretionary award of attorney’s fees. 5 Thus, the district court did *196 not abuse its discretion.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. See Funky Films, Inc. v. Time Warner Entm’t., Co., L.P., 462 F.3d 1072, 1076 (9th Cir.2006) (stating that when direct copying is not at issue, a plaintiff must…