Case Explained: SANDY V. PARAMOUNT PICTURES CORPORATION

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-07-30 Docket: 2:24-cv-04403-RGK-RAO The ninth-circuit affirmed the district court’s dismissal of Sandy’s copyright infringement claim against Paramount Pictures without leave to amend and the denial of his motion for reconsideration. The court applied de novo review to the Rule 12(b)(6) dismissal, determining that Sandy failed to adequately plead access, a necessary element for proving copying in the absence of direct evidence. Specifically, the court held that Sandy’s allegations did not satisfy any of the three recognized theories for establishing access: widespread dissemination, a chain of events, or striking similarity. The court found that merely posting a novel online and selling copies at a bookstore constituted only a “bare possibility” of access rather than widespread dissemination. Similarly, allegations that Paramount staff received copies of the book over ten years ago during a different production amounted to insufficient “bare corporate receipt” without evidence linking those specific individuals to the film *Infinite*. Finally, under the extrinsic test, the court found no striking similarity between the works, noting that shared themes such as reincarnation and good versus evil are general ideas not protected by copyright law. The court also rejected Sandy’s request for relief based on an alleged judicial conflict of interest regarding a judge’s stock ownership in Warner Bros., ruling that a potential merger did not create a reasonable appearance of bias under 28 U.S.C. § 455(a). Consequently, the judgment is affirmed and the case is closed. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.