The notorious bank robber John Dillinger was shot by FBI agents in Chicago, Illinois, in 1934. He had been betrayed by Anna Sage, the famed "lady in red," in exchange for a payment of $10,000. The FBI took photos of Dillinger's body to prove they had gotten their man. Author Jay Nash wrote two books about Dillinger. Nash claimed that Dillinger did not die in Chicago in 1934. Rather, he argued, Dillinger knew about the impending betrayal and sent a look-alike in his place. When the FBI discovered their mistake, they suppressed the information out of embarrassment. Nash stated that his research showed that Dillinger moved to the West Coast, got married, and eventually died in 1979. The broadcast network CBS owns the rights to the police drama CSI. In one CSI episode, detectives unearth the FBI's Dillinger cover-up. Using their skills, they track Dillinger's movements to California and locate his grave (which records his year of death as 1979). Through his widow, they meet Dillinger's son, and frame him for a crime. The CSI episode borrowed heavily from Nash's books. Nash has sued them for infringement. As an initial matter, he must prove that the material used in the