Affirming district court granting Stallone's motion for summary judgment, because the works are not substantially similar, and not based on the district court's finding that no dispute as to any material fact regarding whether defendants actually copied his work
The 1980s-era action scenes that permeate Expendables are a defining aspect of its exposition of the mercenary story, which materializes through such elements as explosions, gunfire, and imagery including skulls, tattoos, and prominently displayed muscles. In keeping with that tone, its soundtrack is comprised of classic rock songs with heavy guitar. Cordoba, by contrast, does not feel like a macho rogue military mission. Instead, it is a tale of a cunning heist with sensitive and human characters, female figures who are independent and capable, and imagery that includes Mayan villages, horseback riding through the Andes mountains, and Native American ceremonial costumes, food, and music. Even if the works share some common elements, the manners in which they express the stories feel dissimilar on the whole. Therefore, notwithstanding the similarities between the works, we find that no reasonable juror could conclude that Cordoba and Expendables are substantially similar sufficient to prove unlawful appropriation. See Walker v. Time Life Films, Inc., 784 F.2d 44, 52 (2d Cir.1986) (declining to decide the issue of actual copying because no substantial similarity exists between the two works).
Webb v. Stallone, 13-324-CV, 2014 WL 350060 (2d Cir. Feb. 3, 2014)
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