The brothers Aaron and Matthew Benay sued Warner Bros Entertainment Inc. and other companies for copyright infringement over their screenplay for The Last Samurai. The district court found for the defendants, but the Ninth Circuit Court of Appeals reversed on the copyright and breach of contract claims. The case discussed whether the screenplays were substantially similar through an "extrinsic test" of elements like plot and themes. In the end, the court found the screenplays were not similar enough to find copyright infringement and awarded damages to the Benay brothers.

1. Aaron Benay v. Warner Bros
Entertainment Inc.
By: Kailani Rapadas
Music Copyright and Publishing
Full Sail University
February 9, 2022

2. One of the most popular screenplays written and produced in 1997 called The Last
Samurai wrote by Aaron and Matthew Benay was convicted of federal copyright in 2001. The
brothers did not ask for permission when creating the screenplay and companies such as Warner
Brothers Entertainment Inc., Radar Pictures Inc., Bedford Falls Productions Inc., Edward Zwick,
Marshall, Herskovitz, and John Logan were now being sued. The district came to an agreement
and granted judgment to the companies (Defendants) on copyright and breach of contract claims
and remanded for any claims within the contract.
In the very beginning when the Benay’s were asking for permission for the screenplay
itself to reproduce it and showcase the work once again. Philipps himself provided a copy of the
screenplay to Solomon on May 16, 2000, and from there, there was a misunderstanding on what
the screenplay copy would be used for. The brothers were told immediately that if it was turned
into a film of any sort then everything would be recompense. As time went on when everything
was being discussed after noticing the screenplays were oddly familiar but also different at the
same time, both parties were not sure more the defendants were considering it is copyrighted.
Time was now the only key thing holding this screenplay intact for either a disaster or something
civil. Two years after December 5, 2005, any claims of copyright were now under federal law
with terms of breach of contract, breach of confidence, and intentional interference with
prospective economic advantage under the California Law.
Both arguments that were stated are valid and are explainable based on where they were
coming from. On one side both brothers were trying to reproduce the screenplay itself without
trying to copyright it which was then turned into copying the entire screenplay. On the other side

3. of the defendants/companies, they saw it as federal copyright because nothing was changed and
left exactly the way it was first played. Within the years of communication, both sides were
trying to find a middle ground on what was truly right to put out for the audience to watch. The
whole reasoning behind going to court to justify what was truly right and wrong was proving
both screenplays were identical, and nothing was changed with also elements that were not
protected. Continuing trying to make their case, the Benay brothers wanted to do an “extrinsic
test” to determine the similarity between both pieces of work to see if they were truly both
similar or not. The Ninth Circuit, also known to be the higher appeal for jurisdiction over cases
that are heard in one of its subsidiary district’s and within this specific case this appeal is
foretaken upon. With the extrinsic test, this appeal would be considered a part of whether it is
copyright or not.
The court’s final decision is to go along with Benay’s conclusion and allow them all
rewards and costs regarding the situation. Therefore, they will reverse the grant of summary
judgment on what is happening with both the breach of contract and remand. With this final
verdict I do agree but also disagree with what the outcome is come along to in the end. Both
parties did have valuable yet reasonable evidence on why it could be and could not be federal
copyright material. Going along with the extrinsic test, the ending result is a final test to
determine the many things such as plot, themes, dialogue, mood, setting, etc., are similar or not
and it showed in the end that it was not similar. Concluding with the final verdict from the court
they were right between rewards the Benay’s a full reward cost and appeal.

4. During this case, I have learned a few terms that I have heard about previously but never
went into full detail to learn more about what it means. One key term I looked up that I have seen
before that interested me a lot more was a key term called ‘Inter Alia, which means among other
things. Or in terms of business law, to say that there are other things involved apart from those
that are mentioned. The term ‘Inter Alia' is used at the very beginning of the case file; “Inter
alia, the Benay’s alleged copyright infringement under federal law and breach of contract under
California Law.”

5. Work Cited:
United States Court of Appeals for the ninth circuit. Ballotpedia. (n.d.). Retrieved February 11,
2022, from
https://ballotpedia.org/United_States_Court_of_Appeals_for_the_Ninth_Circuit
*, N. (2020, April 11). Inter alia. B&B Associates LLP. Retrieved February 11, 2022, from
https://bnblegal.com/inter-alia/