MONTZ v. PILGRIM FILMS & TELEVISION, INC.

No. 08-56954.

606 F.3d 1153 (2010)

Larry MONTZ; Daena Smoller, Plaintiffs-Appellants, v. PILGRIM FILMS & TELEVISION, INC.; NBC Universal, Inc.; Craig Piligian; Jason Conrad Hawes; Universal Television Networks, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 3, 2010.


Attorney(s) appearing for the Case

Howard B. Miller, of Girardi Keese, Los Angeles, CA, argued the cause for the plaintiffs-appellants. Joseph C. Gjonola, of Girardi Keese, Los Angeles, CA, filed the briefs. Graham B. LippSmith, of Girardi Keese, Los Angeles, CA, was also on the briefs.

Gail Migdal Title, of Katten Muchin Rosenman LLP, Los Angeles, CA, argued the cause for the defendants-appellees. Joel R. Weiner, of Katten Muchin Rosenman LLP, Los Angeles, CA, filed a brief. Gail Migdal Title and Gloria C. Franke, of Katten Muchin Rosenman LLP, Los Angeles, CA, were also on the brief.

Before: DIARMUID F. O'SCANNLAIN and RICHARD C. TALLMAN, Circuit Judges, and JOAN HUMPHREY LEFKOW, District Judge.


OPINION

O'SCANNLAIN, Circuit Judge:

We consider whether federal copyright law preempts state-law claims alleging the unauthorized use of screenplays, videos, and other materials in the production of a cable television series.

I

A

In November 2006, plaintiffs Larry Montz, a parapsychologist, and Daena Smoller, a publicist, filed a complaint in federal district court. They claimed that in 1981, Montz conceived of the concept for...

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