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Willis v. HBO

Court of Appeals for the Second Circuit
57 F. App'x 902 (2003)
ELI5:

Rule of Law:

Similarities between two creative works that are based on non-copyrightable elements, such as stock themes, stereotypical characters, and general plot ideas, do not constitute copyright infringement.


Facts:

  • Patricia Willis created and copyrighted an outline for a proposed television series titled 'Schmoozers'.
  • Willis's 'Schmoozers' is a situation comedy featuring a money-driven talent agent, a hapless male sidekick, and an intelligent female assistant.
  • The theme of 'Schmoozers' satirizes the American entertainment industry as being populated by self-absorbed and morally-depraved individuals.
  • Home Box Office (HBO) produced and aired a television series called 'Arli$$'.
  • 'Arli$$' is also a situation comedy with a money-driven talent agent, a hapless male sidekick, and an intelligent female assistant as characters.
  • The theme of 'Arli$$' also satirizes the American entertainment industry.
  • The comedic approach in 'Arli$$' involves the main character narrating his autobiography, creating a contrast between his self-reverential view and the actual chaotic events.
  • In contrast, the comedic foil in 'Schmoozers' is a supporting character who directly criticizes the main character's actions to the audience.

Procedural Posture:

  • Patricia Willis sued Home Box Office (HBO) in the U.S. District Court for the Southern District of New York for copyright infringement.
  • HBO moved for summary judgment to dismiss the case.
  • The District Court granted HBO's motion for summary judgment and dismissed Willis's complaint.
  • Willis, as Plaintiff-Appellant, appealed the District Court's judgment to the U.S. Court of Appeals for the Second Circuit.

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Issue:

Does a television series infringe on the copyright of a proposed series outline when the similarities between the two works relate only to non-copyrightable elements like stock themes and stereotypical characters, rather than the specific expression of those ideas?


Opinions:

Majority - Per Curiam (Summary Order)

No. A television series does not infringe on a copyrighted outline when the similarities concern only non-copyrightable elements. The court reasoned that the alleged similarities between 'Arli$$' and 'Schmoozers'—a money-driven agent, a male sidekick, a female assistant, and satire of the entertainment industry—are merely stereotypical characters and stock themes that are not protected by copyright law. Furthermore, the court rejected the 'total concept and feel' argument, finding that the two works were distinct. 'Arli$$' derives its comedy from the main character's deluded self-perception as shown through an autobiographical narration, while 'Schmoozers' uses a supporting character as a direct comedic foil. These differences in expression are significant enough that no reasonable trier of fact could find the works substantially similar. The court also dismissed the state law implied-in-fact contract claim because it was not properly pleaded in the original complaint and was not argued before the district court, thus waiving the issue on appeal.



Analysis:

This decision reinforces the fundamental copyright principle of the idea-expression dichotomy, clarifying that copyright protects the specific expression of an idea, not the idea itself. The court's ruling makes it difficult for plaintiffs to win infringement cases based on similarities in genre, stock characters, or general themes, which are considered part of the public domain. This precedent strengthens the position of defendants in cases involving common tropes, allowing creators more freedom to build upon established genres without fear of litigation over unprotectable elements. The case also underscores the importance of the 'total concept and feel' test focusing on the unique expressive choices made by the author, rather than on abstract similarities.

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