Bit Parts

Though rarely granted by courts in copyright-infringement cases, the U.S. District Court for the Central District of California approved a Rule 12(b)(6) motion to dismiss a copyright-infringement claim alleging that the syndicated talk show 'Rachael Ray' was substantially similar to a treatment and brief script titled 'Showbiz Chefs' that the plaintiffs submitted to the Food Network. Zella v. The E.W. Scripps Co., CV 06-7055 ABC(JTLX). The district court considered only the complaint itself and DVDs of 'Rachael Ray' episodes. The court also took judicial notice that hosts, celebrity guests, interviews and cooking segments are common TV-show elements. Then applying the extrinsic test, which examines concrete 'articulable similarities,' the court determined that the works in dispute were dissimilar in characters, dialogue, moods, pace, plots, sequences, settings and themes. The court noted that the plaintiffs 'have attached to their Complaint the one-page synopsis and three-page script for Showbiz Chefs, so the Court may consider it on a motion to dismiss. The Court may also consider the Rachael Ray show, as its content comprises the basis for Plaintiffs' claim and the CBS Defendants have, provided copies of episodes. The Court holds that no reasonable jury could conclude that Rachael Ray is substantially similar to any protectable elements of Showbiz Chefs or to the order in which Plaintiffs have presented non-protectable elements in Showbiz Chefs.'

Record Labels and Their Lawyers/Malicious Prosecution