Question:
In August 2000, plaintiff obtained a copyright registration for an original screenplay of fictional material entitled "The Challenge." She sent a copy to Disney, along with a cover letter containing additional story elements and asking the company to consider producing it. The company never returned her copy of the screenplay and never responded to her letter. Subsequently, the plaintiff alleged that Disney's motion picture Cars infringed on her copyrighted script for The Challenge. The Challenge involved an off-road racer getting lost in the desert, and Cars involved a stock car getting separated from his friends, getting lost, and then getting stuck in a small town in the desert. Both drivers were young kids who were eventually mentored by older drivers. The driver in the former movie faces dangers like dehydration and exposure to the elements, whereas the other driver simply is stuck in a small town from which he wishes to leave. Thus the trial court found the plots are not significantly similar. The works share themes of self-reliance and the importance of friendship and teamwork, themes often predominate stories of competition. The additional themes of "the importance of giving back to the community" and "important life lessons can come from unexpected people" are present in Cars but are absent from "The Challenge." Both shows are set "in a desert" according to the plaintiff, although "The Challenge" is in the actual desert, whereas Cars is in a town surrounded by a desert. Further, outside of the scenes that include the desert, Cars is set at two large racetracks while "The Challenge" is set in a rough neighborhood, a school, and the main character's home and work. Thus, the trial court found no substantial similarity when comparing the settings in the two stories. Because the trial court found a lack of substantial similarity, they dismissed the case. Do you think the appellate court disagreed? Why or why not? Campbell v. Walt Disney Co., 718 F. Supp. 2d 1108 (N.D. Cal. 2010).