## Facts

- Gary L. Zambito, an archaeologist-screenwriter, authored the screenplay *Black Rainbow* and held a valid copyright.
- Paramount and other defendants produced the motion picture *Raiders of the Lost Ark*.
- Zambito alleged *Raiders* infringed protectable elements of *Black Rainbow*.
- For purposes of cross-motions for summary judgment, defendants conceded Zambito’s valid copyright and their access to *Black Rainbow*.
- *Black Rainbow* centers on Zeke Banarro, a renegade archaeologist/treasure hunter who finances a Peruvian expedition through a cocaine-smuggling arrangement and encounters drug use, prostitution, and exploitation of indigenous characters.
- *Raiders* is a 1930s action-adventure about archaeologist Indiana Jones pursuing the Ark of the Covenant against Nazi antagonists.
- Zambito pointed to similarities typical of adventure stories (archaeologist protagonist, treasure hunt, exotic locale, and perilous set pieces) to argue substantial similarity.

## Issues

1. Whether, given conceded access and copyright validity, *Black Rainbow* and *Raiders of the Lost Ark* were substantially similar in protectable expression, creating a triable issue of copyright infringement.
2. Whether summary judgment is proper when alleged similarities consist largely of unprotectable ideas, stock elements, or scènes à faire.

## Decision

- The court granted defendants’ motion for summary judgment and denied Zambito’s motion.
- The court held that no reasonable jury could find substantial similarity in protectable expression between the two works.
- The court concluded the asserted overlaps were general ideas and genre conventions, while the works differed materially in plot, characters, setting, time period, tone, and thematic focus.
- The judgment was affirmed on appeal without a published opinion.

## Legal Principles

- Copyright protects original expression, not general ideas, abstract themes, or standard plot premises.
- Stock characters, archetypes, and scènes à faire that naturally flow from a genre premise are unprotectable.
- Substantial similarity must be assessed as to protectable elements, including the work’s concrete selection, arrangement, sequence, character delineation, and overall “total concept and feel.”
- Summary judgment is appropriate where, viewing the works as a whole, no reasonable factfinder could find substantial similarity in protectable expression, even if access is conceded.

## Conclusion

Because the shared elements identified by the plaintiff were generic adventure-story ideas and standard devices rather than protectable expression, and because the two works’ concrete plots, characters, settings, and tone were materially different, the court found no triable issue of substantial similarity and entered summary judgment for defendants.


Zambito v. Paramount Pictures Corp., 613 F. Supp. 1107 (E.D.N.Y. 1985)