(Meta–Film, supra, at p. Founded in 1926, NBC is the oldest broadcasting network in the United States. )“An issue of fact can only be created by a conflict of evidence.
The company's filing status is listed as Active and its File Number is 862903. (Teich, supra, 170 Cal.App.2d at p. 794, 339 P.2d 627.)
In fact, each of the ABC executives who received Spinner's work left ABC long before LOST was created—Gross in 1977, Alsberg in 1979, Leoni in 1995, and Shephard in 1997. (See 4 Nimmer on Copyright (2012) The Law of Ideas, § 19D.07[B], p. 19D–89 (Rel. He returns to the other survivors, who collect a few supplies from the crash site and follow him back to the “lost world.” As they enter the new world, an avalanche seals the tunnel behind them, cutting off their passage back to their world.
These potential intermediaries simply did not occupy positions such that it would be natural for them to impart information to the LOST creators. at pp. at pp. at pp. Moreover, as we have already observed, the evidence of independent creation was not just these witnesses' statements alone. Instead, he argues that evidence of access and substantial similarities contradicts the evidence of independent creation. National Broadcasting Co., Inc. (NBC), major American commercial broadcasting company, since 2004 the television component of NBCUniversal, which is owned by the Comcast Corporation. (Id.
He asserts that he is due an ongoing royalty for ABC's use of the ideas in his 1977 Script.On or around August 31, 2011, ABC moved for summary judgment on three grounds: (1) the creators of LOST had no reasonable possibility of access to Spinner's work; (2) LOST is not substantially similar to Spinner's work; and, (3) even if there were triable issues of fact regarding access and substantial similarity, the undisputed evidence established that ABC independently created LOST, and independent creation was a complete defense to the action.
A reasonable possibility of access requires a sufficiently strong nexus between the intermediary to whom the plaintiffs submitted their work and the creator of the allegedly offending work. Spinner submitted the 1977 Script to ABC executives Alsberg and Gross. When plaintiffs do not have direct evidence of use, they may raise an inference of use by showing the defendants had access to their ideas and the defendants' work is substantially similar to the plaintiffs' ideas.
at p. 806, 339 P.2d 627.) )The summary judgment motion in this case, and thus this appeal, focuses solely on the use element. In response to ABC's separate statement of undisputed material facts, Spinner admitted that the Outer Space Treatment and the LOST television show are not substantially similar in either plot, sequence of events, themes, characters, dialogue, mood, setting, or pace.Shephard left ABC in 1997.
Prior to and during the time he was working on LOST, he did not have access to scripts submitted by other writers to ABC or scripts stored in ABC's archives. (Ibid.
(Ibid.) Second, Spinner's “evidence of access” is nothing more than speculation, conjecture, imagination, or guess work, as we have observed in part 1 of the Discussion. (Code Civ. And, their accounts of how LOST was created are not contradicted. The court concluded that Pascucci's “speculation as to NBC's use is insufficient to create a disputed issue of fact.
The survivors must seek shelter, because with the snow and wind, they are certain to freeze to death at the crash site. at pp. The trial court granted summary judgment in favor of ABC. One survivor goes through a craggy tunnel in the mountainside and comes out the other side in a prehistoric world that “looks like a chunk of central Africa,” except the world is inhabited by dinosaurs and flying reptiles. 647–648, 60 Cal.Rptr.3d 279.) Finally, Spinner himself stated unequivocally that he never contacted those involved in the production and creation of LOST and never transmitted any materials to them.As we noted previously, this evidence of creation independent of Spinner's work is clear, positive, uncontradicted, and of such a nature that it cannot rationally be disbelieved. Prior to and during the time he was working on LOST, he did not have access to scripts submitted by other writers to ABC or scripts stored in ABC's archives, with the exception of Lieber's script. In 1994, Spinner resubmitted the same treatment to ABC, this time to an executive named Greer Shephard, who had taken over Leoni's position, as well as to Leoni. They revised the script numerous times and submitted the final script on April 19, 2004. (Id. RUBIN, Acting P.J. He verbally pitched the 1977 Script to Deborah Leoni, then director of Drama Series Development at ABC.
634–635, 60 Cal.Rptr.3d 279.)
(a).) That is, even if evidence of access and substantial similarity exists, it does not contradict ABC's evidence per se, but merely gives rise to an opposing inference, which ABC has dispelled. Thus, documented in the record is the evolution of the LOST pilot from six pages of notes to a 90–plus–page script, over the course of approximately three months (from January 13, 2004, to April 19, 2004). at pp.
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