No. 08-56954.

649 F.3d 975 (2011)

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 May 4, 2011.

Attorney(s) appearing for the Case

Howard B. Miller (argued), Graham B. LippSmith and Joseph C. Gjonola , Los Angeles, CA, and Martin N. Buchanan , San Diego, CA, for plaintiffs-appellants, Larry Montz and Daena Smoller.

Gail Migdal Title (argued), Joel R. Weiner and Gloria C. Franke , Los Angeles, CA, for defendants-appellees, Pilgrim Films & Television, Inc., et al.

David Aronoff , Los Angeles, CA, for amici curiae, Reveille LLC et al.

Lee S. Brenner and Allison S. Brehm , Los Angeles, CA, for amici curiae, American Broadcasting Companies, Inc., et al.

Robert H. Rotstein and Andrew Spitser , Los Angeles, CA, for amicus curiae, The Motion Picture Association of America, Inc.

Opinion by Judge SCHROEDER; Dissent by Judge O'SCANNLAIN; Dissent by Judge GOULD.


SCHROEDER, Circuit Judge:

In Hollywood, writers commonly submit copyrighted scripts to producers with the understanding that if the script is used, the producer must compensate the writer for the use of the copyrighted material. But what happens when the producer uses the idea or concept embodied in the script, but doesn't pay? The Supreme Court of California, in 1956, answered this question by recognizing an implied contractual right to compensation...

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