Did Appellants Experts Rebut Appellees Scenes A Faire Showing?
Appellants argue that even if the district court properly considered appellees’ evidence regarding scenes a faire motives in appellants’ works, appellants’ experts rebutted appellees’ scenes a faire assertions and thus created a triable issue of fact, making summary judgment inappropriate. The record belies appellants’ claim. The district court carefully compared the scenes a faire assertions made by appellees’ expert, Dr. Eskelin, to the declaration of appellants’ experts, Dr. Argersinger and Dr. Parsons, and granted summary judgment only when the declarations of appellants’ experts were silent as to one of Dr. Eskelin’s scenes a faire conclusions or when appellants’ experts agreed with the assessment of Dr. Eskelin.8 Because the district court properly considered all the material in the record regarding scenes a faire motives and granted summary judgment only as to those motives that raised no genuine issue of material fact, we affirm the district court’s grant of partial summary jud
