Grosso v. Miramax Film Corp.

Grosso v. Miramax Film Corp., 383 F.3d 965 (9th Cir. 2004), was an entertainment law case in which the United States Court of Appeals for the Ninth Circuit held that a screenwriter's claim for breach of implied contract was not preempted by United States federal copyright law, because the screenwriter's claim alleged an extra element that transformed the action from one arising under the ambit of the federal copyright statute to one sounding in contract.

Grosso v. Miramax Film Corp.
Court	United States Court of Appeals for the Ninth Circuit
Full case name	Jeff Grosso v. Miramax Film Corp.
Argued	April 7, 2003
Decided	September 8, 2004
Citation	383 F.3d 965
Holding
A screenwriter's claim for breach of implied contract is not preempted by Federal Copyright Law.
Court membership
Judges sitting	Mary M. Schroeder, David R. Thompson, Susan P. Graber
Case opinions
Majority	Schroeder, joined by a unanimous court
Laws applied
Desney v. Wilder, 46 Cal.2d 715 (1956).

Facts

Jeff Grosso, the author of a screenplay entitled "The Shell Game," claimed that Miramax stole the ideas and themes of his work when it made the movie "Rounders."

Issue

Did the District Court properly dismiss Grosso's state law causes of action for breach of contract as preempted by the federal Copyright Act?

Result

The Ninth Circuit found that the District Court erred in concluding that a screenwriter's claim for breach of implied contract was preempted by Federal Copyright Law. In so holding, the Court reasoned that Grosso's claim alleged an extra element that transformed the action from one arising under the ambit of the federal copyright statute to one sounding in contract. After remand to the California state courts, Grosso's implied contract claim was found to be without merit. Summary judgment was entered against Grosso. On appeal, the California Court of Appeal, Second Appellate District, affirmed the summary judgment, and awarded the defendants their costs of suit.

External links

• Text of Grosso v. Miramax Film Corp., 383 F.3d 965 (9th Cir. 2004) is available from: Google Scholar Justia Leagle OpenJurist
• "The September 10, 2007 opinion by Justice Turner" (PDF). February 15, 2023. (44.2 KiB)