Alan U. Schwartz v. Paramount Pictures Corporation

I. BACKGROUND

A. Creation of the Work and Assignment In 1958, Truman Capote wrote his famed novella “Breakfast at Tiffany’s” (the Work). (Compl., § 16, Dkt. No. 1-2.) The Work was first published in Esquire magazine on October 16, 1958. (/d.) On December 9, 1958, Capote entered into an agreement with Defendant (the 1958 Agreement), which granted Defendant the right to create a motion picture as a derivative of the Work. (Ud. § CV-90 (12/02) CIVIL MINUTES — GENERAL Initials of Deputy Clerk VPC

20.) Under the 1958 Agreement, Defendant produced a motion picture also titled “Breakfast at Tiffany’s” (the Film). (Id. ¶ 21.) The Film, starring Audrey Hepburn and George Peppard, received critical acclaim and garnered several awards. (Id. ¶¶ 21-22.)

Capote died on August 25, 1984. (Id. ¶ 23.) Under the Copyright Act of 1909, Capote died during the initial term of the Work’s copyright (1958-1986). (Id.) Because Capote died childless and unwed, but testate, his interest in the Work reverted to his estate (the Estate). (Id. ¶¶ 23-24.) The Estate renewed the Work’s copyright on April 18, 1986. (Id. ¶ 24.) On July 1, 1990, the Estate…