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AALMUHAMMED v. LEE

No. 99-55224.

202 F.3d 1227 (2000)

Jefri AALMUHAMMED, Plaintiff-Appellant, v. Spike LEE; Forty Acres and a Mule Filmworks, Inc.; By any Means Necessary Cinema, Inc.; Warner Brothers, a division of Time-Warner Entertainment LP; Victor Company of Japan Limited; Largo International N.V.; Largo Entertainment, Inc.; JCV Entertainment, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 4, 2000.

Attorney(s) appearing for the Case

Philip H. Stillman and Stephen S. Lux, Flynn, Sheridan, Tabb & Stillman, Del Mar, California, for the plaintiff-appellant.

Bruce Isaacs, Karen Brodkin & Jason A. Forge, Wyman, Isaacs, Blumenthal, & Lynne, Los Angeles, California, for the defendants-appellees.

Bruce P. Vann, Kelly, Lytton, Mintz & Vann, Los Angeles, California, for the defendants-appellees.

Before: CANBY, NOONAN, and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

This is a copyright case involving a claim of coauthorship of the movie Malcolm X. We reject the "joint work" claim but remand for further proceedings on a quantum meruit claim.

I. FACTS

In 1991, Warner Brothers contracted with Spike Lee and his production companies to make the movie Malcolm X, to be based on the book, The Autobiography of Malcolm X. Lee co-wrote the screenplay, directed, and co-produced...

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