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Edwards v. Cinelou Films

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 17, 2017
No. 16-56043 (9th Cir. Aug. 17, 2017)

Summary

reviewing grant of motion to dismiss

Summary of this case from Williams v. Gaye

Opinion

No. 16-56043

08-17-2017

PATRICE EDWARDS, Plaintiff-Appellant, v. CINELOU FILMS; et al., Defendants-Appellees.


NOT FOR PUBLICATION

D.C. No. 2:16-cv-01014-ODW-AGR MEMORANDUM Appeal from the United States District Court for the Central District of California
Otis D. Wright, II, District Judge, Presiding Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Patrice Edwards appeals pro se from the district court's judgment dismissing her copyright action. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's dismissal under Federal Rule of Civil Procedure 12(b)(6), Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010), and we affirm.

The district court properly dismissed Edwards's copyright infringement action because, as a matter of law, Edwards's works titled "Witch" and defendants' film The Last Witch Hunter are not substantially similar under the extrinsic test. See Benay v. Warner Bros. Entm't, Inc., 607 F.3d 620, 624 (9th Cir. 2010) (setting forth the extrinsic test to assess substantial similarity between specific expressive elements of copyrighted works, such as plot, sequence of events, themes, mood, setting, pace, and characters); Funky Films, Inc. v. Time Warner Entm't Co., 462 F.3d 1072, 1076-78 (9th Cir. 2006) (substantial similarity may be decided as a matter of law by applying the extrinsic test).

We do not consider matters not properly raised before the district court. Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999).

Defendants' request for judicial notice (Docket Entry No. 13) is denied.

AFFIRMED.


Summaries of

Edwards v. Cinelou Films

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 17, 2017
No. 16-56043 (9th Cir. Aug. 17, 2017)

reviewing grant of motion to dismiss

Summary of this case from Williams v. Gaye

reviewing grant of motion to dismiss

Summary of this case from Williams v. Gaye
Case details for

Edwards v. Cinelou Films

Case Details

Full title:PATRICE EDWARDS, Plaintiff-Appellant, v. CINELOU FILMS; et al.…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 17, 2017

Citations

No. 16-56043 (9th Cir. Aug. 17, 2017)

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