Montz V. Pilgrim Films Revisited

Law360, New York (June 9, 2011, 12:40 PM EDT) -- The Ninth Circuit, in a recent 7-4 en banc decision, Montz v. Pilgrim Films,[1] reversed a three-judge panel’s earlier determination that a breach of implied contract claim was preempted by federal copyright law, allowing the implied contract claim to proceed.[2]

Consequently, companies frequently being pitched copyright-protected materials need to be extra careful about what is, and is not, said during the pitch process that could be perceived as an implied agreement to provide compensation if the ideas within the copyright-protected material are ever used. It remains...
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