Appeal ruling rewrites script in lawsuit over 'Stepmom'.

IN a case that appears to limit the rights of screenwnters to pursue copyright infringement cases, a 9th Circuit judicial panel has ruled against a screenwriter suing Sony Pictures Entertainment Inc.

Nancey Silvers sued Sony Pictures for copyright infringement after the studio released the 1998 movie, "Stepmom." Silvers claims the ideas in the movie are similar to her script that was turned into the movie "The Other Woman," which aired on television several years earlier and was produced by Frank & Bob Films II, also known as von Zerneck/Sertner Films.

The panel did not rule on whether Sony had infringed on Silvers' copyright but on the more general question of whether the screenwriter had a right to sue the studio.

That was an issue because Frank & Bob Films owned the copyright to Silvers' script but assigned her "all right, title and interest" to pursue the legal action.

The decision by seven of 11 appellate judges agreed with Sony that Silvers did not have the legal standing to bring a copyright infringement claim because she did not own the copyright at the time she filed the lawsuit.

The panel's decision overturned a prior ruling by a lower federal court that was upheld by a three-judge panel of the 9th Circuit Court of Appeals two years ago.

The studio was backed in the case by the Motion Picture Association of America.

Silvers may still appeal the decision to the U.S. Supreme Court.

Staff reporter Amanda Bronstad can be reached at [phone], ext. 225, or at [e-mail].