9th Circ. Urged To Rehear Copyright Suit Over 'The Unborn'

Law360, New York (January 28, 2014, 6:13 PM EST) -- An author who claims that Relativity Media LLC unit Rogue Pictures stole the plot for the 2009 horror flick "The Unborn" from his unproduced screenplay on Monday asked the full Ninth Circuit to review its November ruling clearing the studio of wrongdoing.

Among other arguments for en banc review, Daniel Segal said the three-judge panel in November breached U.S. Supreme Court precedent by performing an insufficient, cursory examination of the similarity between his screenplay and the movie.

The high court's landmark Feist Publications Inc. v. Rural Telephone Service Co. requires an objective, two-step analysis of "substantial similarity," Segal said, and the...

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