Zambito v. Paramount Pictures Corp.
613 F. Supp. 1107, 227 U.S.P.Q. (BNA) 649, 1985 U.S. Dist. LEXIS 17669 (1985)
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Rule of Law:
Copyright protection extends only to the specific expression of an idea, not the idea itself. Similarities based on unprotectable general themes or stock scenes inherent to a genre, known as 'scenes à faire,' do not constitute copyright infringement.
Facts:
- Alfredo Armando Zambito wrote a screenplay titled 'Black Rainbow' about an archaeologist named Zeke Banarro.
- In 'Black Rainbow,' Zeke is a 'renegade treasure hunter' who finances his own expedition to the Peruvian Andes to find pre-Columbian gold after being removed from an official expedition.
- Zeke's journey involves smuggling cocaine, dealing with his former lover, and partnering with a Peruvian native named Justo.
- He locates a treasure-filled cave by observing the sun's reflection off a cliff, fights giant anacondas with molotov cocktails, and retrieves the artifacts.
- Zeke is confronted by his antagonist, Von Stroessner, whom he kills in cold blood.
- The story concludes with Zeke killing his partner over the remaining treasure and escaping alone into the jungle.
- The film 'Raiders of the Lost Ark' features a heroic archaeologist protagonist named Indiana Jones.
- In 'Raiders,' Indiana Jones is hired by the U.S. Army in the 1930s to find the lost Ark of the Covenant before the Nazis can.
- Jones's quest involves traveling to Nepal and Cairo, fighting Nazis, and dealing with his rival, Belloq.
- He locates the Ark's hiding place by using a staff and headpiece in a map room to channel sunlight, and he fends off hundreds of small snakes by setting them on fire with fuel oil.
Procedural Posture:
- Alfredo Armando Zambito sued the creators of 'Raiders of the Lost Ark' for copyright infringement in the U.S. District Court for the Eastern District of New York.
- For the purposes of the motion, the defendants conceded that they had access to Zambito's screenplay.
- Both the plaintiff (Zambito) and the defendants filed cross-motions for summary judgment on the issue of substantial similarity.
- The case is before the District Court to rule on these competing motions.
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Issue:
Does the movie 'Raiders of the Lost Ark' infringe on the copyright of the screenplay 'Black Rainbow' by being substantially similar in its expression of the idea of an archaeologist searching for ancient artifacts?
Opinions:
Majority - McLaughlin, District Judge
No, the movie 'Raiders of the Lost Ark' does not infringe on the copyright of 'Black Rainbow' because the two works are not substantially similar in their expression. Any similarities between the works exist only at a general, abstract level, involving unprotectable ideas and 'scenes à faire.' The court reasoned that the mood and 'feel' of the two works are completely different, with 'Rainbow' being a somber, vulgar script and 'Raiders' being a 'tongue-in-cheek, action-packed' adventure. The characters are also fundamentally different; Zeke is a self-interested anti-hero, while Indiana Jones is a classic 'matinee-idol' hero. The court found that other alleged similarities, such as using sunlight to find treasure or caves inhabited by snakes, are unprotectable 'scenes à faire'—stock elements indispensable to the treasure-hunting genre—and were given dissimilar treatment in each work.
Analysis:
This case serves as a clear application of the idea-expression dichotomy and the 'scenes à faire' doctrine in copyright law, particularly in the context of film and literature. It reinforces the principle that copyright does not grant a monopoly over general themes, plot devices, or character archetypes common to a genre. The decision highlights that for an infringement claim to succeed, the similarity must be in the specific, creative expression of those ideas. This ruling empowers courts to grant summary judgment in copyright cases where similarities are too abstract or generic, preventing meritless lawsuits from proceeding to costly trials.
