Irvine Presbyterian Church v. Milner CA4/3

FACTS

Milner’s Play Milner, the daughter of CCM’s founders, wrote a play called the “Glory of Creation” (the Play). She registered the copyright for the Play and directed pre- production, including costume and scene design, storyboards, and key art. CCM decided to stage the Play in 2005, and the executive committee of CCM’s board of directors (the Executive Committee) authorized a $15 million budget for the Play. The Play premiered in 2005, but CCM cancelled the Play after one season and disputes arose between the parties regarding the future of the Play.

The Parties’ Settlement Agreement In July 2006, Milner and CCM signed an agreement settling their dispute over the cancellation of the Play (the Settlement Agreement). Among other things, the parties agreed all rights to the Play reverted back to Milner, and CCM would need Milner’s written consent if it wanted to produce the Play or present its creative elements

1 On our own motion, we augment the record to include: (1) CCM’s responsive separate statement of undisputed facts regarding Milner’s summary judgment motion; (2) Milner’s responsive separate statement of undisputed facts regarding CCM’s summary judgment motion; and…