RICE v. FOX BROADCASTING CO.

Nos. 01-56582, 01-56846.

330 F.3d 1170 (2003)

Robert E. RICE, Plaintiff-Appellant, v. FOX BROADCASTING COMPANY, a Delaware Corporation; Fox Television Station, Inc., a Delaware Corporation; Earl Greenburg Productions, Inc., a California Corporation; Nash Entertainment, a California Corporation; SRJ Production, Inc., a California Corporation; Rive Gauche International Television, a California Corporation; International Creative Management, Inc., a Delaware Corporation; Bruce Nash; Don Weiner; Earl Greenburg; Ronald Glazer; David John; Michael Lancaster; Scott Mitchell; David Next; Steve Wohl; and Leonard Montano, a.k.a Valentino, a.k.a. The Masked Magician, Defendants-Appellees. Robert E. Rice, Plaintiff-Appellee, v. Fox Broadcasting Company, a Delaware Corporation; Fox Television Station, Inc., a Delaware Corporation; Earl Greenburg Productions, Inc., a California Corporation; Nash Entertainment, a California Corporation; SRJ Production, Inc., a California Corporation; Rive Gauche International Television, a California Corporation; International Creative Management, Inc., a Delaware Corporation; Bruce Nash; Don Weiner; Earl Greenburg; Ronald Glazer; David John; Michael Lancaster; Scott Mitchell; David Next; Steve Wohl; and Leonard Montano, a.k.a Valentino, a.k.a. The Masked Magician, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 29, 2003.


Attorney(s) appearing for the Case

Larry A. Sackey, Law Offices of Herbert Hafif, Claremont, California, argued the cause for the appellant/cross-appellee. Herbert Hafif and Michael G. Dawson were on the briefs.

James H. Wynn, Lord, Bissell & Brook, Los Angeles, California, argued the cause for the appellees/cross-appellants. Jeffrey S. Kravitz was on the briefs.

Before HUG, BRUNETTI and O'SCANNLAIN, Circuit Judges.


OPINION

O'SCANNLAIN, Circuit Judge:

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...

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