[co-author: Marisa Masters]*
With Halloween 2020 having just passed, we thought it was important to remember two of the spookiest of intellectual property cases, in particular, those copyright cases addressing issues with well-known horror movies.
GALLAGHER v. LIONS GATE ENTERTAINMENT, INC.The Cabin in the Woods is a 2011 film that starts off as a typical horror movie, but slowly evolves into a genre-bending plotline that is seen as satirical and even an “anti-horror, horror movie”. In the 2015 case, Gallagher v. Lions Gate Entertainment Inc. 1
, Peter Gallagher, the author of The Little White Trip: A Night in the Pines, brought suit against Lions Gate Entertainment Inc. for copyright infringement of his book published in 2006. Gallagher based his argument of copyright infringement on the allegation that The Cabin in the Woods copied his book substantially, in addition to having access to the book.
When determining whether two works are substantially similar, the Ninth Circuit has consistently used a two-part test that requires the plaintiff to prove substantial similarity under both an extrinsic and intrinsic test. The extrinsic test is an objective analysis of specific expressive elements in each work, whereas the intrinsic test is a subjective analysis that relies on whether a reasonable audience would consider the two works substantially similar as a whole.
The court analyzed nine factors comparing the movie and book using the extrinsic test, including plot, characters, setting, dialogue, mood, pace, sequence of events, themes, and random alleged similarities. While the movie and the book were similar with respect to the basic premise of a group of young adults venturing into the wilderness who are subsequently manipulated by a third party, everything else about the movie and the book was different. It’s important to note, also, the scenes a faire of horror movies that is present in both the movie and the book: a group of young adults venturing off into the wilderness and being murdered. Importantly, The Cabin in the Woods has a comical aspect, making it more of an “anti-horror horror movie”, whereas Gallagher’s book follows the common themes and plot of a typical horror story. Finding no substantial similarity after reviewing both works in their entireties, the Court granted Lions Gate’s motion to dismiss with prejudice.
HORROR INC. v. MILLER (THE DREADED THIRTY-FIVE YEAR COPYRIGHT TERMINATON RIGHT)Perhaps one of the most well-known and...
