Facts

When Sideshow Inc. included some of Walter O'Neal's sketches in a coffee table book, O'Neal filed suit against Sideshow and others for copyright infringement. O'Neal, a freelance artist on assignment for Sideshow, had created and sent nine sketches to Sideshow depicting certain DC Comics characters such as Batman, Superman, the Joker, Green Lantern and Sinestro. Though DC Comics and other parties owned the copyrights in those characters' elements, O'Neal had recorded copyrights to his specific sketches with the U.S. Copyright Office.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that he owned the copyright in the sketches because they were sufficiently original to obtain copyright protection, and defendants' action in publishing his copyrighted work was an infringement of his copyright.

DEFENDANTS' CONTENTIONS: Defendant contended that plaintiff could not own a copyright in the derivative works and that allowing him to assert such a claim would interfere with DC's copyrights.

Result

The court granted defendants' motion for summary judgment, holding in part, that under the *Durham Indus. v. Tomy Corp.* test adopted by the Ninth Circuit, plaintiff lacked a valid copyright in his sketches, and therefore could not prevail on his copyright claim. Moreover, granting plaintiff a derivative copyright would affect the scope of those with preexisting copyrights (such as DC Comics) in those characters.