Shame On You Productions, Inc. v Lakeshore Enterta
When a screenwriter submits a script to a studio or individual with the power to get the movie made, under circumstances in which it is understood by both parties that compensation will be paid to the writer if the script is used, an implied contract to pay reasonable compensation can arise. If the movie is made and compensation is not paid, the writer may have a cause of action for breach of that implied contract. (Desny v. Wilder (1956) 46 Cal.2d 715, 739-741 (Desny).) In this case, plaintiff brought a Desny cause of action, alleging that defendants used his script to make a movie without paying him reasonable compensation. The defendants responded with a demurrer and a motion to strike pursuant to the anti-SLAPP statute. (Code Civ. Proc., § 425.16.)
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