Copyright infringement and plagerism suits involving fiction force judges into the unusual role of literature analysts and critics, comparing the works at issue and determining whether they are similar enough to prove that one work was ripped off from the other. Some judges take to this job with relish.
Take Judge Betty B. Fletcher of the Ninth Circuit Court of Appeals, who recently penned this opinion in the case of Funky Films, Inc. v. Time Warner Entertainment. The suit contends that the HBO TV Series SIX FEET UNDER was copied from a screenplay, "The Funk Parlor," that was submitted to the president of original programming at HBO three months before the president's "top lieutenant" solicited Alan Ball to develop SIX FEET UNDER. The Ninth Circuit affirmed the summary judgment granted to HBO/Time-Warner by the district (trial) court.
Judge Fletcher compares the two works. Among her observations:
"The encounters explored in 'The Funk Parlor' are at
times pedestrian, and the dialogue, at times, rather trite. The
characters play beer-drinking games like 'I never' and
express concern about 'burning in hell' and that 'God is punishing
us.' 'Six Feet Under,' by contrast, is full of complex
and subtle dialogue, including ironic turns of phrases that
heighten the already-fraught interactions among the characters."
"Although both works explore themes of death, relationships,
and sex, they do so in very different ways. 'The
Funk Parlor,' a murder mystery, is driven by a series of murders,
which catalyze the salvation of the business. The use of
death in 'Six Feet Under' is quite different: there, death pro-
vides the focal point for exploring relationships and existential
meaning. As noted by the district court, the general theme
of 'Six Feet Under' 'is that sex and death provide focal
points for relationships,' while the predominant theme of
'The Funk Parlor' is that 'sex and religion don’t mix.'"
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