Facts

Hank Azaria and How To Pictures Inc. filed a declaratory judgment action against Craig Bierko. In 2012, Bierko informed the plaintiffs that a fictional character they used in a Funny or Die video, called Jim Brockmire, infringed on Bierko's own baseball announcer character. The plaintiffs then filed suit, seeking a declaratory judgment that Bierko did not have any rights in the Jim Brockmire character and that they did not breach an implied contract with Bierko.

PLAINTIFF'S CONTENTIONS:
Azaria was introduced to Bierko in 1990, and both shared an ability to perform different voices. Both had similar voices for a "sports announcer" character, and considered the possibility of using their voices for various entertainment projects. In 1997, Azaria contacted Bierko about pursuing an opportunity to use the character and Bierko said that he would not give Azaria permission. However, in 2010, Azaria used his sports announcer voice for the character of Jim Brockmire. When Bierko saw the video, he contacted Azaria and told him he did not have the right to use the character.

Result

The court granted summary judgment for Azaria concluding that Bierko's sports announcer character was not copyrightable subject matter, and that Bierko did not have any rights in Azaria's Jim Brockmire character. The court also sided with Azaria finding that no implied contract was formed between Azaria and Bierko.