A. A. Hoehling v. Universal City Studios, Inc.

618 F.2d 972 (2nd Cir. 1980)

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Nature of the Case

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Facts

The Hindenburg, the colossal dirigible constructed in Germany during Hitler's reign exploded into flames and disintegrated in 35 seconds as it hovered above the Lakehurst, New Jersey Naval Air Station at 7:25 p. m. on May 6, 1937. Thirty-six passengers and crew were killed. Fifty-two persons survived. Official investigations conducted by both American and German authorities could ascertain no definitive cause of the disaster, but both suggested the plausibility of static electricity or St. Elmo's Fire. Investigators refused to rule out the possibility of sabotage. Thus began a massive amount of articles, both historical and literary on the disaster. A good number of books and articles endorsed the theory that the Hindenburg was the victim of sabotage. P published Who Destroyed the Hindenburg ?, a full-length book based on his exhaustive research. P studied the investigative reports, consulted previously published articles and books, and conducted interviews with survivors of the crash as well as others who possessed information about the Hindenburg. His book is presented as a factual account, written in an objective, reportorial style. P claims that all proffered explanations of the explosion, save deliberate destruction, are unconvincing. He concludes that the most likely saboteur is one Eric Spehl, a 'rigger' on the Hindenburg crew who was killed at Lakehurst. Spehl had motive, expertise, and opportunity to plant an explosive device, constructed of dry-cell batteries and a flashbulb, in 'Gas Cell 4,' the location of the initial explosion. Spehl was to have destroyed the Hindenburg to please his lady friend, a suspected communist dedicated to exploding the myth of Nazi invincibility. Ten years later Mooney(D) published his book. The work is more literary than historical. Mooney (D) acknowledges that he consulted P's book and that he relied on it for some details. Mooney(D) asserts that he first discovered the 'Spehl-as-saboteur' theory when he read another’s book written before P’s. Mooney (D) also claims to have studied the complete National Archives and New York Times files concerning the Hindenburg, as well as all previously published material. Mooney (D) traveled to Germany, visited Spehl's birthplace, and conducted a number of interviews with survivors. Mooney (D) signed a movie deal with Universal (D). Universal (D) then commissioned a screen story by writers Levinson and Link, best known for their television series, Columbo. Levinson and Link created a Columbo-like character who endeavored to identify the saboteur on board the Hindenburg. Nelson Gidding wrote the final screenplay. Gidding had engaged in preliminary work on a film about the Hindenburg almost twenty years earlier. Gidding used a 'Grand Hotel' formula. The result was a Hollywood drama with little historical accuracy but lots more plot and drama. P eventually sued Ds for copyright infringement. After the completion of discovery, Ds moved for summary judgment. The trial judge found both copying and substantial similarity but concluded that all similarities pertained to various categories of non-copyrightable material. He granted Ds’ motion for summary judgment. P appealed.