Dastar Corporation v. Twentieth Century Fox Film Corporation

539 U.S. 23 (2003)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

In 1948, General Dwight D. Eisenhower completed Crusade in Europe, his written account of the allied campaign in Europe during World War II. Doubleday published the book, registered it with the Copyright Office in 1948, and granted exclusive television rights to an affiliate of D. D arranged for Time, Inc., to produce a television series, also called Crusade in Europe, based on the book, and Time assigned its copyright in the series to D. The television series, consisting of 26 episodes, was first broadcast in 1949. It combined a soundtrack based on a narration of the book with film footage from the United States Army, Navy, and Coast Guard, the British Ministry of Information and War Office, the National Film Board of Canada, and unidentified 'Newsreel Pool Cameramen.' In 1975, Doubleday renewed the copyright on the book as the ''proprietor of copyright in a work made for hire.'' D did not renew the copyright on the Crusade television series, which expired in 1977, leaving the television series in the public domain. In 1988, D reacquired the television rights in General Eisenhower's book, including the exclusive right to distribute the Crusade television series on video and to sub-license others to do so. SFM Entertainment and New Line Home Video, Inc., acquired from Fox the exclusive rights to distribute Crusade on video. SFM obtained the negatives of the original television series, restored them, and repackaged the series on videotape. D released a video set entitled World War II Campaigns in Europe. D purchased eight beta cam tapes of the original version of the Crusade television series, which is in the public domain, copied them, and then edited the series. D substituted a new opening sequence, credit page, and final closing for those of the Crusade television series; inserted new chapter-title sequences and narrated chapter introductions; moved the 'recap' in the Crusade television series to the beginning and retitled it as a 'preview'; and removed references to and images of the book. D sold the Campaigns video set as its product. It made no reference to the Crusade television series. D took credit for everything. Ps (Fox, SFM, and New Line) brought this action alleging that D's sale of its Campaigns video set infringes Doubleday's copyright in General Eisenhower's book and, thus, their exclusive television rights in the book. Ps also claimed that D's sale 'without proper credit' to the Crusade television series constitutes 'reverse passing off' in violation of § 43(a) of the Lanham Act and violation of state unfair competition law. On a summary judgment motion, the court found for Ps on all three counts. The Court of Appeals affirmed the judgment on the Lanham Act claim, but reversed as to the copyright claim and remanded. It concluded that 'D's 'bodily appropriation' of P's original [television] series is sufficient to establish the reverse passing off.' The Supreme Court granted certiorari on the Lanham claim.