16 Case Duse, LLC v. Merkin

Krakovski (plaintiff) hired Merkin (defendant) to direct a film and signed work-for-hire agreements with everyone involved except Merkin. After filming, the plaintiff gave Merkin a copy of the raw footage under an agreement allowing him to edit it but not distribute or copy it. Merkin nonetheless submitted the film to festivals; after a cease-and-desist letter, he kept submitting it, and the plaintiff sued for an injunction claiming sole copyright. The trial court granted the plaintiff summary judgment, finding neither party intended to co-author the film. Merkin appealed.

Whether creative contributions that are inseparable from a copyrighted work carry separate copyrights.