MacDonald v. Du Maurier

Summary

The Second Circuit reversed a judgment on the pleadings dismissing a copyright infringement action involving alleged similarities between the plaintiff's works and Daphne Du Maurier's novel Rebecca. The majority held that, because copying and access had to be assumed on a Rule 12(c) motion, the alleged similarities could not be dismissed as unprotected or trivial at that stage; Judge Clark dissented.

Holdings

1. Judgment on the pleadings was improper because the court had to accept the complaint's allegation that Rebecca was copied from MacDonald's works and therefore had to assume access and copying of the common material.
2. The claim could not be dismissed on the pleadings because the alleged common material included concrete incidents and details that, if copied, could fall within copyright protection; the court did not decide that infringement ultimately existed.

Questions Presented

1. Whether judgment on the pleadings was proper where the complaint alleged that Rebecca was copied from MacDonald's copyrighted works, even though the answer denied copying.
2. Whether the alleged similarities could be treated as unprotectable ideas or trifling common matter on a motion for judgment on the pleadings.

Disposition

reversed