1/ Pitch and portfolio theft are rampant, and such cases are difficult to win. Yet as noted in thread last night, Darth Vader actor Hayden Christensen did prevail in a crucial stage of his pitch theft case, leading to settlement. Lesson? /jt caselaw.findlaw.com/us-2nd-circuit…
https://twitter.com/Remender/status/1339830629492408320
2/ My sense - and your mileage may differ - is that justice isn't blind. Who brings a case, who judges, current events - these all can influence outcomes as much as legal doctrine. The most famous personality in this case was likely discussed in chambers, esp. by clerks.
3/ This opinion threads a needle to mend arguments torn apart below. Copyright preemption was overcome by finding the contract protected pitch ideas - ideas aren't copyrightable. NY court also looked to CA law re industry standards setting price to establish contract validity.
4/ Similar things happened in Siegel heir termination lawsuits. Example: there were legal arguments re DC being 50% co-owner of Action #1 Supes due to coloring, arrangement, cover, & pre-termination publication, but court pirouetted to give Siegel heirs historic trial win.
5/ From one angle this is encouraging: not all pitch/portfolio theft or individual-vs.-company IP rights lawsuits fail. There's hope! But most famous victories can sometimes be exceptions to a less successful rule.
6/ Law, as Oliver Wendell Holmes Jr. said, is an art of prediction. Deciding whether to spend money, time, social capital to bring case can involve weighing a lot of intangibles beyond law and fairness.
7/ A personal note: thx to my speaking on IP panels & pro bono work, I've heard personal accounts of pitch/portfolio theft across fields - comics, entertainment, fashion, tech. It's brutal. Even found proof of fanfic being scanned for ideas. More re this in new year, I think. /jt
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