A federal judge has denied the claims of screenwriters who argued that the popular “God of War” video game infringed their copyrights in two screenplays and two movie treatments. Plaintiffs Jonathan Bissoon-Dath and Jennifer B. Dath wrote several works set in ancient Greece. In all of these works, a young Spartan man is sent by the gods on a quest that culminates in the staging of the Olympic Games. The plaintiffs claimed that “God of War,” a violent video game set in ancient Greece and produced by Sony Computer Entertainment America, Inc. (“Sony”), misappropriated elements of the plaintiffs’ copyrighted screenplays.

A federal judge disagreed. On March 9, 2010, Judge Marilyn H. Patel of the U.S. District Court for the Northern District of California granted summary judgment to Sony, finding that the plaintiffs had failed to make out the basic elements of a copyright infringement claim. See Bissoon-Dath v. Sony Computer Entm’t Am., Inc., No. 08-cv-1235 slip op. at 8 (N.D.Cal. March 5, 2010). To prove a claim of copyright infringement, a plaintiff must show (1) ownership of a valid copyright, and (2) proof that the defendant copied the plaintiff’s work. To prove the defendant’s copying, a plaintiff must show either (1) direct evidence that defendant copied the work, or (2) that the works are substantially similar and that the defendant had access to the plaintiff’s work.

Judge Patel held that the plaintiffs’ claims failed because no reasonable juror could find substantial similarity between the works in question. While both the plaintiffs’ screenplays and the defendant’s video game revolved around characters sent on a quest by the ancient Greek gods, significant differences between the works militated against a finding of infringement. The judge applied the extrinsic prong of the Ninth Circuit’s test for substantial similarity and found that the works were not similar in plot, theme, dialogue, mood, setting, pace, characters, or sequence of events. While “there is some degree in similarity between the plots at an extremely generalized level,” Judge Patel wrote, “No one can own the basic idea for a story. . . . This is particularly true when virtually all the elements comprising the plaintiffs’ works are stock elements that have been used in literary and artistic works for years, if not millennia.”

Copyright infringement is a complex area of the law. Media companies are advised to seek legal counsel during the production process to resolve any possible copyright issues. To find out more about Arent Fox’s work in this field, please contact:

Anthony V. Lupo
lupo.anthony@arentfox.com
202.857.6353

Grace L. Applefeld
applefeld.grace@arentfox.com
202.857.6498