Aalmuhammed v. Lee

202 F.3d 1227 (9th Cir. 2000)

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Nature of the Case

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Facts

Warner Brothers contracted with Ds to make the movie Malcolm X, to be based on the book, The Autobiography of Malcolm X. D co-wrote the screenplay, directed, and co-produced the movie, which starred Denzel Washington as Malcolm X. Washington asked P to assist him in his preparation for the starring role because P knew a great deal about Malcolm X and Islam. P, a devout Muslim, was particularly knowledgeable about the life of Malcolm X, having previously written, directed, and produced a documentary film about Malcolm X. P joined Washington on the movie set. The movie was filmed in the New York metropolitan area and Egypt. P presented evidence that his involvement in making the movie was very extensive. He reviewed the shooting script for D and Denzel Washington and suggested extensive script revisions. Some of his script revisions were included in the released version of the film; others were filmed but not included. Most of the revisions P made were to ensure the religious and historical accuracy and authenticity of scenes depicting Malcolm X's religious conversion and pilgrimage to Mecca. P directed Denzel Washington and other actors while on the set, created at least two entire scenes with new characters, translated Arabic into English for subtitles, supplied his own voice for voice-overs, selected the proper prayers and religious practices for the characters, and edited parts of the movie during post-production. Washington testified in his deposition that P's contribution to the movie was 'great' because he 'helped to rewrite, to make more authentic.' Once production ended, P met with numerous Islamic organizations to persuade them that the movie was an accurate depiction of Malcolm X's life. P never had a written contract with Warner Brothers or Ds' production companies, but he expected D to compensate him for his work. He did not intend to work and bear his expenses in New York and Egypt gratuitously. P received a check for $ 25,000 from D, which he cashed, and a check for $100,000 from Washington, which he did not cash. P asked for a writing credit as a co-writer of the film but was turned down. When the film was released, it credited P only as an 'Islamic Technical Consultant,' far down the list. P applied for a copyright claiming he was a co-creator, co-writer, and co-director of the movie. The Copyright Office issued him a 'Certificate of Registration,' but advised him in a letter that his 'claims conflict with previous registrations' of the film. P filed a complaint against Ds seeking declaratory relief and an accounting. P alleged breach of implied contract, quantum meruit, unjust enrichment, and federal (Lanham Act) and state unfair competition claims. The district court dismissed some of the claims under Rule 12(b)(6) and the rest on summary judgment. P appealed.