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What is a benefit of having a jury over a single judge in making decisions? At 1526-27 (comparing music video to film series); Krofft, 562 F. 2d at 1161-62 (comparing TV series to commercials). Click to see the original works with their full license. 5] Situations, incidents, or events that naturally flow from a common theme, or setting or basic plot premise are "scenes-a-faire. " 0% found this document useful (0 votes). Co. Zenith Radio Corp., 475 U. Kamar Int'l, Inc. Russ Berrie and Co., 657 F. 2d 1059, 1062 (9th Cir. Again, Plaintiffs should prevail on this issue because their work has created its own unique niche in the larger "action film" genre. Such a scenario would drastically decrease the long-term value of Plaintiffs' James Bond franchise. Recommended textbook solutions. Click to expand document information.

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Defendants' Opening Memo re: Summary Judgment, at 10. And third, the Sam Spade case, 216 F. 2d at 949-50, on which Defendants' rely, is distinguishable on its facts because Sam Spade dealt specifically with the transfer of rights from author to film producer rather than the copyrightability of a character as developed and expressed in a series of films. Complete the rest of the activity sheet in your pairs. Next, Defendants claim, as they did in opposing Plaintiffs' preliminary injunction motion, that the similarities between the works alleged by Plaintiffs are not protectable under copyright law. Choose potential jurors. KENYON, District Judge. Plaintiffs view their films as just such core-predictable work, while Defendants see their work as generic, spy thriller fare. Defendants claim that their commercial is a parody on the action film genre, and further, is more than simply a commercial because of its artistic merit. G., New Line Cinema, 693 F. at 1530. First, the Krofft case does not stand for the proposition that a copyright-holder must have "exclusive" ownership of the copyright at issue, but only "ownership" of such a right. Reward Your Curiosity. In addition, several specific aspects of the Honda commercial appear to have been lifted from the James Bond films: (1) In "The Spy Who Loved Me, " James Bond is in a white sports car, a beautiful woman passenger at his side, driving away down a deserted road from some almost deadly adventure, when he is suddenly attacked by a chasing helicopter whose bullets he narrowly avoids by skillfully weaving the car down the road at high speed. Showing top 8 worksheets in the category - James Bond In A Honda. Predictably, Plaintiffs claim that under either test, James Bond's character as developed in the sixteen films is sufficiently unique and deserves copyright protection, just as Judge Keller ruled that Rocky and his cohorts were sufficiently unique.

Apparently, Plaintiffs contacted Coke after the spot aired, demanding that it cease and desist; Coke agreed without Plaintiffs having to resort to litigation. In the Honda commercial, the villain uses his metal-encased hands to cling onto the roof of the car after he jumps onto it. NP Jessica cared for her patient and would do everything for him to keep him. Again, by the February 10, 1995 agreement, the Court may rely on these declarations as it sees fit. Course Hero member to access this document. Both experts state that no part of the Honda commercial resembles either the "The Avengers, " "Danger Man, " or "The Saint, " and that the commercial is a copy of a James Bond film. Share this document. With the assistance of the same special effects team that worked on Arnold Schwarzenegger's "True Lies, " Defendants proceeded to create a sixty- and thirty-second version of the Honda del Sol commercial at issue: a fast-paced helicopter chase scene featuring a suave hero and an attractive heroine, as well as a menacing and grotesque villain. Gilder v. PGA Tour, Inc., 936 F. 2d 417, 422 (9th Cir.

Moreover, Defendants contend that even if Bond's character is sufficiently delineated, there is so little character development in the Honda commercial's hero that Plaintiffs cannot claim that Defendants copied more than the broader outlines of Bond's personality. Save james bond jury instructions For Later. Balance Of Relative Harms. In the Honda commercial, the Honda del Sol has a detachable roof which the Honda man uses to eject the villain. 8] Of course, these film sequences would be only "scenes-a-faire" without James Bond. Plaintiffs claim that the Honda commercial: (1) "infringes [P]laintiffs' copyrights in the James Bond films by intentionally copying numerous specific scenes from the films;" and (2) "independently infringes [P]laintiffs' copyright in the James Bond character as expressed and delineated in those films. " This preview shows page 1 - 2 out of 2 pages. Report this Document. In essence, this test requires looking at two key elements in deciding whether an injunction should issue: the relative merits of the claim, and the relative harms to be suffered by the parties. My seniors LOVE iCivics. Since direct evidence of actual copying is typically unavailable, the plaintiff may demonstrate copying circumstantially by showing: (1) that the defendant had access to the plaintiff's work, and (2) that the defendant's work is substantially similar to the plaintiff's. 1984) ("no character infringement claim can succeed unless plaintiff's original conception sufficiently developed the character, and defendants have copied this development and not merely the broader outlines").

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1 Collection 422 Views 290 DownloadsCCSS: Designed. Issue: Were copyright owners entitled to a preliminary injunction enjoining certain television commercials? See Berkic v. Crichton, 761 F. 2d 1289, 1292 (9th Cir. A filmmaker could produce a helicopter chase scene in practically an indefinite number of ways, but only James Bond films bring the various elements Casper describes together in a unique and original way.

Defendants argue that these elements are naturally found in any action film and are therefore unprotected "scenes-a-faire. Sid & Marty Krofft Television Productions, Inc. McDonald's Corp., 562 F. 2d 1157, 1172 (9th Cir. I will Model the first summary sentence for you. 574, 587, 106 S. 1348, 1356, 89 L. 2d 538 (1986). See Pfeiffer and Lisa, The Incredible World of 007, at 8 ("[Despite the different actors who have played the part] James Bond is like an old reliable friend. 2d 1161, 1989 WL 206431, *6 (C. ) (holding that Rocky characters as developed in three "Rocky" movies "constitute expression protected by copyright independent from the story in which they are contained"). Based on Plaintiffs' experts' greater familiarity with the James Bond films, as well as a review of Plaintiffs' James Bond montage and defense expert Needham's video montage of the "action/spy" genre films, it is clear that James Bond films are unique in their expression of the spy thriller idea. "Understanding the Federal & State Courts" Read the introduction out loud. Appellate Courts: Let's Take It Up.

Federal and State Courts There is a court system for the federal and state levels. First, Plaintiffs do not assert that the character in either of the two "Casino Royale" productions is the same as their James Bond portrayal;[19] and second, Plaintiffs heavily litigated their right to enjoin "Never Say Never Again" from ever being made the fact that Plaintiffs lost that litigation does not mean that they waived their copyright claims, and Defendants have not cited, nor is the Court aware of, any case that stands for this proposition. Defendants respond that Plaintiffs are simply trying to gain a monopoly over the "action/spy/police hero" genre which is contrary to the purposes of copyright law. As it is, Defendants had a week to analyze these documents in time to file their reply papers by March 6, 1995. 9] The Second Circuit has adopted an alternate test for determining whether dramatic characters are protectable under copyright law. Search inside document. For paragraphs that have multiple concepts, use a different color highlighter or marker to mark the evidence. Plaintiffs move to enjoin Defendants' commercial pending a final trial on the merits, and Defendants move for summary judgment. 826, 106 S. 85, 88 L. 2d 69 (1985).

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However, because the Court DENIES Defendants' summary judgment motion as to the "substantial similarity" issue, the Court need not reach the further issue of whether the remaining counts should be dismissed. Contrary to Defendants' assertions, because many actors can play Bond is a testament to the fact that Bond is a unique character whose specific qualities remain constant despite the change in actors. And (2) this evidence of intent is relevant to counter Defendants' claim of independent creation.

Start at 3 minutes 35 seconds) Share out your evidence and sentences from Part 2. See also infra discussion re: Plaintiffs' copyright ownership in context of summary judgment discussion, at 27-29. b. 6] As discussed and agreed upon by the parties during the February 10, 1995 telephone status conference, the Court stated that it would not rule specifically on each of the myriad objections interposed by both parties, but would instead refer to the experts' declarations when helpful and admissible. See Kaiser Cement Corp. Fischbach and Moore, Inc., 793 F. 2d 1100, 1103-04 (9th Cir. FEDERAL AND STATE COURTS SS. Original Title: Full description.

Interpreting the Constitution. 1052, 105 S. 1753, 84 L. 2d 817 (1985). Under Rule 56, a non-moving party must set forth specific facts showing that there exists a genuine issue of material fact for trial. The amount that may be used diminishes the less the purpose is to critique the original and the more that the parody serves as a substitute for the original. Moreover, Defendants claim that their intent is irrelevant in determining whether their commercial infringes or not. Defendants' Opposition Memo re: Preliminary Injunction Motion, at 22 (citing Warner Bros. Pictures, Inc. Columbia Broadcasting System, Inc., 216 F. 2d 945, 949-50 (9th Cir. The Court DENIES this request for the following reasons: First, when Plaintiffs initially responded to Defendants' interrogatories and document requests, Plaintiffs objected on the ground that these requests were overbroad or irrelevant. Some of the worksheets displayed are Bond in a honda master, Lesson practice b decimals and fractions, Lesson practice b decimals and fractions, Lesson practice b decimals and fractions, Handbook of adhesives and surface preparation technology, Thermodynamics for engineers ferris, Annie baker the flick, Medicare ready.

ORDER RE: (1) MOTION FOR PRELIMINARY INJUNCTION; (2) MOTION FOR SUMMARY JUDGMENT. Conclusion: Plaintiffs' motion for injunctive relief was granted and defendants' motion was denied. This proposition is fairly gleaned from the case and is consistent with the Ninth Circuit's holding in King Features, 843 F. 2d at 399. 1177 (S. 1979) (commercial copying Superman). See Meta-Film Associates, Inc. MCA, Inc., 586 F. 1346, 1355 (C. ).

In 1992, Honda's advertising agency Rubin Postaer came up with a new concept to sell the Honda del Sol convertible with its detachable rooftop. In the Honda commercial, the villain is dropped down to the moving car and is suspended from the helicopter by a cable. Plaintiffs first viewed the film during the weekend of December 17 and 18, 1994; they demanded that Defendants pull the commercial off the air on December 22; Defendants refused on December 23; and Plaintiffs filed this action on December 30, 1994. Did you find this document useful?

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