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7 July 2017Copyright

Screenwriter defeated at Ninth Circuit in Shakespeare suit

A screenwriter who claimed his copyrighted work on William Shakespeare had been infringed has lost his case at the US Court of Appeals for the Ninth Circuit.

Three judges dismissed the suit of Kenneth Heusey v Roland Emmerich et al, centring on a screenplay called “Not Without Justice”.

However, the opinion was listed as “not for publication” meaning it has no precedential value.

Heusey’s work focuses on the alleged murder by Shakespeare of 16th century English playwright Christopher Marlowe, and Shakespeare's efforts to achieve personal goals and influence the politics surrounding the succession to the dying, heirless Queen Elizabeth I, the claim said.

Marlowe, a contemporary of Shakespeare, died in mysterious circumstances in 1593 and there are a several different theories about how and why he died.

Heusey claimed that the defendants, including screenwriter Emmerich, fraudulently obtained “Not Without Justice” and infringed his copyright by incorporating “substantially similar elements” of it into their film—called “Anonymous”—as well as the “commercial spots” promoting the production.

The US District Court for the Central District of California granted the defendants’ motion to dismiss the case and rejected all causes of action.

On appeal by Heusey, Circuit Judges Paez, Bea and Murguia affirmed the earlier ruling, on July 3.

They said the lower court correctly dismissed the copyright infringement claims because the two works are not substantially similar, “and any similarities in the general concepts are unprotected”.

The judges added: “We reject as meritless Heusey’s contention that the promotional trailers for defendants’ film, as freestanding works separate from the film itself, are independently substantially similar to Heusey’s screenplay.”

According to the judges, the district court also properly dismissed Heusey’s fraud claim because he failed to allege facts “sufficient to state a plausible claim under California law”.

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20 November 2018   The Shakespeare Globe Trust, a charity focused on promoting and celebrating William Shakespeare’s impact on the world, has accused a former licensee of infringing its copyright and trademarks.