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‘What Men Want’ Copyright Fight Turned Away by Supreme Court

Oct. 3, 2022, 6:49 PM

The Supreme Court declined to weigh the validity of a two-step Ninth Circuit copyright test, finalizing Paramount Pictures Corp.'s quick win over a “What Men Want” copyright lawsuit.

Gregory Carlini challenged the US Court of Appeals for the Ninth Circuit’s requirement that a copyright claim pass an “extrinsic test"—objectively filtering out unprotectable elements and comparing only what’s left—before the general feel of the works are considered as a whole, generally by a jury.

Carlini argued the long-used Ninth Circuit test conflicted with more unitary tests used by other circuits, often to the detriment of claims centered on protectable “selection and ...