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TANKSLEY v. DANIELS

No. 17-2023.

902 F.3d 165 (2018)

Clayton Prince TANKSLEY, Appellant v. Lee DANIELS; Lee Daniels Entertainment; Danny Strong; Danny Strong Productions; Twenty-First Century Fox, Inc., Parent Company of Fox Entertainment Group, Inc., 20th Century Fox Film Corp, 20th Century Fox Television Inc, 20th Century TV Inc., 20th Century Fox International, 20th Century Fox International Television LLC and 20th Century Fox Home Entertainment LLC; Fox Network Group Inc, Parent Company of Fox Broadcasting Company, Fox Television Stations, Inc., Fox Digital Media, Fox International Channels, Inc.; Does 1 through 10; Sharon Pinkenson, Executive Director; Greater Philadelphia Film Office; Leah Daniels-Butler.

United States Court of Appeals, Third Circuit.

Filed: August 28, 2018.

Attorney(s) appearing for the Case

Mary E. Bogan [ARGUED], 1650 Market Street, Suite 3600, Philadelphia, PA 19103, Predrag Filipovic [ARGUED], 1735 Market Street, Mellon Bank Center, Philadelphia, PA 19103, Counsel for Appellant.

Richard L. Stone [ARGUED], Andrew J. Thomas , Andrew G. Sullivan , Jenner & Block 633 West 5th Street, Suite 3600, Los Angeles, CA 90071, Michael K. Twersky , Fox Rothschild, 2000 Market Street, 20th Floor, Philadelphia, PA 19103, Counsel for Lee Daniels, Lee Daniels Entertainment, Danny Strong, Danny Strong Productions, Twenty First Century Fox Inc., Fox Network Group Inc. and Leah Daniels-Butler.

Rigel C. Farr, Esq. , Charles M. Golden, Esq. , Mathieu Shapiro, Esq. [ARGUED], Obermayer Rebmann Maxwell & Hippel, 1500 Market Street, Suite 3400, Philadelphia, PA 19102, Counsel for Sharon Pinkenson and Greater Philadelphia Film Office.

Before: CHAGARES, VANASKIE and FISHER, Circuit Judges.

OPINION OF THE COURT

Clayton Prince Tanksley is an actor and producer who lives in Philadelphia. In 2005, he created a three-episode television pilot, Cream, for which he received a copyright. In 2015, Fox Television debuted a new series, Empire, from award-winning producer and director Lee Daniels...

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