Why NBCU Appealed a 'Ghost Hunters' Lawsuit to the U.S. Supreme Court (Analysis)

Alik Keplicz/Syfy Will Hollywood continue to get sued left and right for stealing script ideas? The answer may depend on whether the U.S. Supreme Court decides to hear a case involving NBC Universal's alleged heist ofthe idea behind the hitSyfyreality showGhost Hunters. Earlier this month, NBC Universal filed a petition for certiorari at the U.S. Supreme Court on Montz v. Pilgrim Films & Television, a case that we reported in May could make it easier for writers to sue Hollywood studios. The lawsuit was originally filed in 2006 byLarry Montz, a parapsychologist, andDaena Smoller, a publicist, who alleged they conceived the idea of a show about a team of paranormal investigators who go into haunted locations.The two claimed to have presented screenplays, videos and other materials to NBCU execs between 1996 and 2003. The two plaintiffs certainly aren't the only ones to have sued Hollywood studios for ripping off ideas. Throughout the years, many writers have brought claims only to suffer courtroom disappointment when judges explain the difference between expression and ideas -- the U.S. Copyright protects the former but not the latter -- and the judicial high bar for establishing "substantial similarity" in expression. What makes the Ghost Hunters casepossiblydifferent is that the claims may go beyond straight copyright infringement with the easier-to-prove allegation that NBCU breached an implied contract. In essence, that would mean that when a screenplay is submitted and accepted for review, as is alleged here, there's an expectation that if the material is later used, the writer will get something. We say possibly because that's what's subject to dispute. Is a stolen idea allegation a contract breach or a disguised copyright infringement claim? If it's the latter, then federal copyright law usurps state contract law and aggrieved writers are out of luck. The Ninth Circuit Court of Appeals has something called the "extra element" test to sniff out the difference. In the Ghost Hunters case, the appeals circuit overturned a prior decision by saying there doesn't need to be an explicit promise of payment; Even an implied promise of partnership could qualify as an "extra element" transforming a copyright claim into a contract claim. In anticipation of getting hit more and more by breach-of-implied-contract lawsuits from writers, NBCU wants the U.S. Supreme Court to review the decision. In its petition for cert, the studio notes that the 2nd and 4th Circuits have previously ruled that a breach of implied contract claim is equivalent to a copyright infringement claim and thus is preempted. NBCU points to Congressional intent when enacting copyright policy and the detrimental effect if the Ninth Circuit's decision is allowed to stand. The MPAA has also filed an amicus brief supporting NBCU's high court appeal. The Supreme Court isn't known for picking up many copyright cases, but if it grants cert on this one, there will surely be tremendous amount of interest among Hollywood lawyers. Every studio sees several stolen idea allegations per month, and it's not uncommon for these studios to spend nearly a million dollars defending even the most trivial lawsuit. Writers who have been rushing to court only to lose on copyright infringement claims also have a big stake in this battle. E-mail: eriqgardner@yahoo.com Twitter: @eriqgardner NBCUniversal MPAA Ghost Hunters

'Hunger Games' Cheat Sheet: Everything There Is To Know

FROM MTV MOVIES: Welcome to the dystopian world of "The Hunger Games." North America is no more. Natural disasters and war did away with the continent we knew and gave rise to a whole new land called Panem: 13 districts overseen by an authoritarian Capitol. Then came the Dark Days, a power-to-the-people, down-with-the-Man revolution that obliterated one district and resulted in an annual, gladiatorial tournament known as the Hunger Games. Now meet Katniss Everdeen, an impoverished teen who feeds her family thanks to some badass bow-and-arrow skills and a stubborn refusal to play by the Capitol's rules. She and fellow District 12 tribute Peeta Mellark hardly friends, nor possessing the bloodthirsty verve of their opponents find themselves reluctant participants in the 74th Hunger Games. What happens from there forms the basis of Suzanne Collins' page-turner of a novel, which Lionsgate is now adapting for the big screen with an eye on a March 2012 release. Whether you're a die-hard fan of the franchise or all this Katniss craziness is totally new to you, now's the time to get up to speed on all there is to know about the Jennifer Lawrence-starring film. Because at the 2011 Video Music Awards on Sunday, MTV is set to debut the first-ever look at footage from the flick. So check out our "Hunger Games" cheat sheet for everything there is to know before the big show. Read the full story at MTV Movies!

Philip Moody dies at 89

British-born conductor, arranger and song writer Philip Moody died in Palm Springs on Aug. 22 after a brief illness. He was 89.Born in Southampton, England, he was a graduate of the Royal Academy of Music. He entertained the British armed forces, performed in concert with many of England's top entertainers and appeared on British radio. From there, he began to write for motion pictures. After working on the film "London Town," he was brought to the U.S. by MCA and teamed with touring act the Sherrell Sisters. When the sister act disbanded, he married one sister and formed a successful songwriting partnership with the other.In the U.S., Moody composed film scores for "Three Nuts in Search of a Bolt" and "Love Me Deadly" and contributed songs and cues to other films including "So This Is Paris," "Carnival Story," "Paris Follies of 1956," "The Second Greatest Sex" and "Footprints on the Moon," a documentary about the Apollo 11 landing that featured Moody's composition "The Laguna Concerto."In the '70s, Moody's musical-composing piano talents took him to Las Vegas, where he created music and performed at the Desert Inn, Stardust, Sahara, and Flamingo hotels with such stars as Betty Grable, Jimmy Durante, Anna Maria Alberghetti, Mamie Van Doren, Debra Paget, Margaret Whiting, the Ritz Brothers and Mae West, whose nightclub act he and sister-in-law Pony Sherrell co-wrote. He also worked with opera great Helen Traubel.When the MGM Grand hotel opened in Reno, Moody became the hotel's music director and conducted Donn Arden's stage spectacular "Hello, Hollywood, Hello."In 1980, he and his wife Grace moved to Palm Springs and opened Moody's Supper Club, a cabaret bistro featuring original Broadway revues.Moody is survived by a daughter and a brother.A musical celebration of life is to be announced. In lieu of flowers, donations may be made to the Alzheimer's Assn. Contact Variety Staff at news@variety.com

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Sandra Bullock in Discussions to become listed on Ryan Reynolds' Animated Comedy Project

Pals Sandra Bullock and Ryan Reynolds are poised to reunite on the watch's screen.our editor recommends'Green Lantern's' Ryan Reynolds Will get Punked Through the Muppets (Video)EXCLUSIVE: Sandra Bullock Getting back With 'Proposal' DirectorMeryl Streep, Sandra Bullock, The famous host oprah Winfrey Mounted on Michael Patrick King Project Though Bullock's deal hasn't closed, the first kind Proposal co-stars have been in foretells lead the voice cast of After Which There Is Gordon, from Reynolds and Allan Loeb's production shingle, Dark Fire, and twentieth century Fox TV. This news comes 1 week afterDark Fire offered its first project,Guidance, a higher school set buddy comedy starringMad Love'sTyler Labine,to Fox. Within this situation, the animated comedy project is all about an regular child encircled by brainiac brothers and sisters. It received an exhibition order from Fox, the place to find Sunday evening's animation domination block of these shows because the Simpsons and Family Guy. Reynolds and Loeb would co-write the script in addition to executive produce. Joining the happy couple as Expanded polystyrene are Bullock, Steven Gem and Jonathon Komack Martin. Both Bullock and Reynolds are repped by CAA. Related Subjects Ryan Reynolds Sandra Bullock The Proposal FOX TV Development

CBS orders FanFare laffer

CBS has ordered a comedy script from Sony Pictures Television and Jamie Tarses' shingle FanFare Prods. Tarses will executive produce with Jeff Rake ("Miss Match"), who will write the script. Story centers on a well-intentioned family man struggling with being the perfect dad while his perfect dad lives under his roof. Rake last teamed up with FanFare last development season on a comedy script sold to ABC that had Nicole Richie attached, but the network ultimately passed. FanFare already has an iron in the development fire over at ABC with comedy "BAMFs," which Tarses would produce with writer Leah Rachel. CBS declined comment. Contact Andrew Wallenstein at andrew.wallenstein@variety.com

Motown's Nick Ashford dies

Nickolas Ashford, the longtime Motown tunesmith and producer who achieved fame like a singer together with his wife and writing partner Valerie Simpson, died Monday, August. 22, in New You are able to from complications of throat cancer. He was 70.Born in New York, Ashford met Simpson inside a New You are able to chapel in 1963 they married in 1974. Within the mid-'60s, they authored for such Scepter and Wand Records functions as Chuck Jackson and Maxine Brown and recorded unsuccessfully as Valerie and Nick. A set of 1966 singles they authored for Ray Charles, "Let us Go Get Stoned" (a No. 1 R&B hit) and "I Do Not Need No Physician" (later included in Humble Cake), attracted the interest of Motown chief Berry Gordy Junior.In the Detroit label, Ashford & Simpson composed such memorable Marvin Gaye-Tammi Terrell hits as "Ain't No Mountain SufficientInch and "Basically Could Build My World Who Are Around YouInch and moved onto produce the duo's "Ain't Nothing Beats the actual Factor" and "You are All I have to Manage." Additionally they crafted material for Diana Ross ("Achieve Out and Touch [Somebody's Hands]"), Gladys Dark night, Smokey Robinson, the Marvelettes and also the Supremes.Ashford and Simpson left Motown in 1973 and were signed like a recording act at Warner Bros. Their career was slow to lift off, however they finally began notching major R&B hits. These incorporated "Don't Set You Back Nothing" (No. 10, 1978), "It Appears to hold On" (No. 2, 1978), "Found a remedyInch (No. 2, 1979) and "Love Don't Allow It To Be Right" (No. 6, 1980).Moving to Capitol in 1982, they obtained with "Street Corner" (No. 9, 1982), "Solid" (No. 1, 1984) and "I'm Going To Be There for you personallyInch (No. 2, 1989). In most, the duo released 35 chart singles through 1997.Throughout the 1990's, Ashford & Simpson's greatest hit was Whitney Houston's No. 5 smash "I am Every Lady," attracted in the 1992 soundtrack of "The Bodyguard." They continued to chop an album with poet Maya Angelou and DJed on New York's Hug-FM. Throughout the final decade, they obtained a writing credit on Amy Winehouse's "To Black" following the late Brit-soul singer employed an example from "Ain't No Mountain SufficientInch on her behalf "Tears Dry by themselves.Inch They made an appearance regularly at New You are able to cabarets like Feinstein's and were awarded with a Songwriters Hall of Fame in 2002.Ashford is made it by Simpson and 2 kids. Contact the range newsroom at news@variety.com

Disney, Pixar announce new characters

Following the discharge of "Monsters College" in summer time 2013, Pixar's next two photos will center around dinosaurs and what goes on within the human mind. The characters don't yet have official game titles. "The Untitled Pixar Movie About Dinosaurs," as Disney presented the film in the D23 Expo in the Anaheim Convention Focus on Saturday, will bow holiday 2013. Bob Billings (who composed "Finding Nemo" and "Up") helms. Project informs the dino tale in the position of the items may have happened if asteroids had not destroyed the prehistoric monsters plus they remained as alive today. "Up"-director Pete Docter is helming "The Untitled Pixar Movie That Can Take You Within The Mind."That film hits theaters summer time 2014. Pixar and Wally Disney Animation chief John Lasseter made the bulletins after presenting first examines "Brave," Pixar's first story book, "Planes," a spinoff from the "Cars" franchise, "Wreck-It Rob" and "Monsters College," a prequel to "Monsters Corporation.," which presented Billy Very on stage to go over his go back to the film, ten years following the original was launched. Pixar is honoring its 25th anniversary. Contact Marc Graser at marc.graser@variety.com

Zoe Saldana Talks about Her Revenge Tactics in New 'Colombiana' Clip (Moviefone Exclusive)

We now have already seen Zoe Saldana kick some tail in 'Avatar,' but her approaching action-thriller, 'Colombiana,' will require her ass-whooping abilities to an alternative level. Within the film, Saldana plays Cataleya, who matures to become an assassin after seeing the murder of her parents growing up. She will get revenge by training to become professional killer and hunting lower the individual accountable for their deaths. Within this exclusive clip for Moviefone, we see Saldana face a tough truth whenever a person in her very own family confronts her about her techniques for revenge. You should check out the recording below. 'Colombiana' hits theaters on August 26. *Image thanks to The new sony

When Needed Is Altering How You Watch Indie Films

'Magic Trip,' the brand new documentary about Ken Kesey and the psychedelic effect on the sixties, hits theaters today in New You are able to City, Berkeley and San Fransisco (before moving to more theaters across the nation within the next three several weeks). However, the theatrical release isn't the very first time the film has been proven. 'Magic Trip' continues to be offered at the tips of the fingers of audiences since its When Needed release on This summer first. It signifies an increasing trend of movies being launched When Needed just before their theatrical releases. Now it's not necessary to reside in La or New You are able to to determine more compact, limited release films. There is a bevvy of off-beat indie choices that you could presently watch in the comfort of your house or enjoy about the giant screen. But those are better suited to your couch, and those require a evening out at theater? Moviefone stops working all of the summer time movies on When Needed. 'Magic Trip' What's It About? Oscar-winning director Alex Gibney ('Taxi towards the Dark Side') brings a lengthy-incomplete documentary from counter-culture icon Ken Kesey towards the giant screen. The film particulars Kesey's mix-country road-trip together with his Neal Cassady (the inspiration for Kerouac's 'On the Road') and also the "Merry Make of Pranksters" -- LSD-loving truth-searchers. Over 100 hrs of film happen to be put together right into a highly-anticipated consider the 60s psychedelic movement. When Needed Release: This summer first Theatrical Release: August fifth 'The Shrine' What's It About? When a united states tourist gets lost in Europe, several journalists is decided to find the story. They connect the disappearance to some village in Belgium. However, after they explore the analysis, they find evidence the local people happen to be positively practicing human sacrifice, and discover themselves because the next targets. When Needed Release: This summer thirteenth Theatrical Release: This summer 15th 'Flypaper' What's It About? We have seen lots of bank robbery movies, but 'Flypaper' shows us an amount happen if your bank had been conned by two different groups at the same time. The film finds primary figures Tripp (Patrick Dempsey) and also the bank teller he's privately deeply in love with Kaitlin (Ashley Judd) in the center of this curious situation while adding a comical twist. When Needed Release: This summer 15th until October 15th Theatrical Release: August 19th 'Burke & Hare' What's It About? This black comedy represents the infamous 1800s story of graverobbers William Burke and William Hare (Simon Pegg and Andy Serkis), grave thieves from Edinburgh, Scotland because they execute their well known work. Additionally to starring Rob from the Dead and Gollum, fans are eagerly waiting for this film for director John Landis, the mastermind of classics like 'An American Werewolf in London' and 'Animal House.' When Needed Release: August fifth Theatrical Release: September ninth 'Love Crime' What's It About? Within this tense French thriller about office politics, callous boss Christine (Kristin Scott-Thomas) passes off her assistant Isabelle's brilliant idea as her very own. But Christine miscalculates the youthful girl's ambition, and also the scene is placed for conflict. When Needed Release: August 24th Theatrical Release: September second Coming this Fall... 'Red State' What's It About? Kevin Cruz turns a 180 from his usually comical disposition in 'Red Condition.' Three buddies have a mother's vehicle to satisfy a woman who guaranteed to rest together. However, they're drugged and introduced to some fundamentalist chapel, where they're preached to about human sin. They're told they'll be punished for that sins around the globe, which they aren't the very first, or last to become taken. Cruz has switched the hype surrounding 'Red State' right into a traveling sideshow presentation, where he's set to prove you don't have to Hollywood to create a film towards the public. When Needed Release: September fifth Theatrical Release: October 19th Take a look at all of the movies offered by these When Needed services: IFC Films Sundance Chooses Tell us within the comments: Have you been more willing to look at indie films when they are available When Needed? What type of movies count the theatrical experience for you?

Das unbesiegbare Schwert der Shaolin

One of director Chu Yuan's crowning achievements, The Sentimental Swordsman epitomizes the lone, virtuous, heroic swordsman with a twist. The Oedipus complexed swordsman Li Hsin-huan, magnificently portrayed by the highly popular Ti Lung, is a hero with weaknesses; he drinks and believes in love and emotion thereby losing his girlfriend via tricked honor. It's payback time. Chu creates romantic worlds lavishly infused with flamboyant atmospheric settings as evident by this film receiving the 1978 Golden Horse Best Cinematography Award

Academy President Defends Oprah's Honorary Oscar

Kevin Winter/Getty Images Academy of Motion Picture Arts and Sciences president Tom Sherak is defending the decision to give Oprah Winfrey the Jean Hersholt Humanitarian Award. "Does this newly announced Academy prize prove that Oprah means the same thing to Hollywood as past Jean Hersholt Award winners Bob Hope, Frank Sinatra, Audrey Hepburn, Elizabeth Taylor, Lew Wasserman, Charlton Heston?" NWFCC chair Armond White, who voted for Winfrey in the 1986 National Society of Film Critics Awards and the New York Film Critics Circle Awards, asked The Hollywood Reporter rhetorically earlier this week. "Is this just another way for the academy to continue to grovel for TV ratings?" PHOTOS: Hollywood's Top Earners Sherak says the OWN CEO, who has given away more than $500 million personally, plus more through her talk show, scholarship funds and her Angel Network, is "one of the most philanthropic performers in the world." "Oprah has given and given and given," he tells the Associated Press. "She's a member of the academy, she was nominated for an Academy Award and she has produced movies. This is not about personality. This is about a person who has come from the depths, risen to the heights and given back. That's a perfect example of why this award was created." PHOTOS: Oprah Through the Years Sherak says there are a number of philanthropists who are members of the film academy, but the governors "felt very strongly" about giving the award to Winfrey this year even though she has limited work in film. "We have a lot of people who are TV people who have made movies," he said. "It doesn't matter that they do other things... She is definitely one of us. What really counts is her contribution to humanity." Sherak says the award "exemplifies giving back to the community, the world, society in an extraordinary way." James Earl Jones and makeup artist Dick Smith will also be honored at the non-televised Governors Award on Nov. 12. Moments from the show may be include din the Oscars on Feb 2012. RELATED: The Biggest Failed Jokes at the Academy Awards VIDEO: The 5 Best Clips From 'The Oprah Winfrey Show' Oprah Winfrey Oscars 2012