FUNKY FILMS, INC. v. TIME WARNER ENTERTAINMENT

The Ninth Circuit Court of Appeals today released an opinion in FUNKY FILMS, INC. v. TIME WARNER ENTERTAINMENT, No. 04-55578, a federal appeal. The panel consisted of Betty B. Fletcher, Warren J. Ferguson, and Consuelo M. Callahan, Circuit Judges.

B. FLETCHER, Circuit Judge: Gwen O’Donnell and Funky Films, Inc. (collectively, “appellants”), creators of the screenplay “The Funk Parlor,” appeal the district court’s summary judgment to Time Warner Entertainment Company and Home Box Office (collectively, “HBO”), creators of the award-winning television mini-series “Six Feet Under,” for copyright infringement. Appellants assert that the district court erred in concluding that “The Funk Parlor” and “Six Feet Under” are not substantially similar. They also appeal the district court’s denial of a request for additional discovery. For the reasons set forth below, we affirm the judgment of the district court. . . .

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