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Plaintiffs move to enjoin Defendants' commercial pending a final trial on the merits, and Defendants move for summary judgment. 1) Whether Film Scenes Are Copyrightable. This case arises out of Plaintiffs Metro-Goldwyn-Mayer's and Danjaq's claim that Defendants American Honda Motor Co. and its advertising agency Rubin Postaer and Associates, violated Plaintiffs' "copyrights to sixteen James Bond films and the exclusive intellectual property rights to the James Bond character and the James Bond films" through Defendants' recent commercial for its Honda del Sol automobile. 2) Whether James Bond Character Is Copyrightable. Plaintiffs established the probability of success on the merits; they had acquired a copyright to the James Bond character from their copyright ownership of the film series and defendants' commercial was substantially similar in terms of theme, plot, mood and characters. See Anderson, 1989 WL 206431, at *6-7 (identifying two views and citing 1 M. Nimmer, The Law of Copyright, ยง 2-12, at 2-176 (1988) (interpreting Air Pirates as limiting the "story being told" test to word portraits, not graphic depictions)). United States v. King Features Entertainment, Inc., 843 F. 2d 394, 399 (9th Cir. 20] Aside from Krofft, the only other case Defendants cite is Sam Spade, 216 F. 2d at 949-50, for the proposition that "[u]nder basic principles of copyright law, all other uses of the James Bond character affect the plaintiff's claim to ownership. " See, e. g., Nichols v. Universal Pictures Corp., 45 F. 2d 119, 121 (2d Cir.

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Strategic Arms Limitation Treaty (SALT) I and. In addition, Professor Jewell and Lee Pfeiffer describe the aforementioned elements in more detail and how these are in essence copied by the Honda commercial. Complete the rest of the activity sheet in your pairs. Defendants' arguments are largely repetitive of those made and discussed above; however, Defendants also argue that, as a matter of law, Plaintiffs' works are entitled to only "thin" protection based on Defendants' citation to cases wherein courts have required nearly identical copying for the copyrightholder to prevail. 11] See Warner Bros. American Broadcasting Cos., 654 F. 2d 204, 208-09 (2d Cir. 8] Of course, these film sequences would be only "scenes-a-faire" without James Bond. See Meta-Film Associates, Inc. MCA, Inc., 586 F. 1346, 1355 (C. ). 1988), the court cited with approval the Sam Spade "story being told" test and declined to characterize this language as *1296 dicta.

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Robert Stigwood Group, Ltd. Sperber, 457 F. 2d 50, 55 (2d Cir. Plaintiffs Own The Copyrights To The James Bond Character As Well As The 16 Films At Issue. 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. However, nowhere in that opinion does the Ninth Circuit make such a pronouncement; in fact, Plaintiffs correctly characterize Sam Spade as holding that "a copyrightholder [] cannot waive or abandon the protection afforded to a copyright absent an express contractual provision to that effect. " Because the extrinsic test relies on objective analytical criteria, "this question may often be decided as a matter of law. " Olson also noted that "copyright protection may be afforded to characters visually delineation in a television series or in a movie. Moreover, because it finds that summary judgment is inappropriate under the extrinsic test, the Court is further precluded from granting summary judgment under the intrinsic test, because, at bottom, the jury must make a factual determination as to whether the Honda commercial captures the total "concept and feel" of Plaintiffs' Bond films. Some images used in this set are licensed under the Creative Commons through. This "idea-expression" dichotomy is particularly elusive to courts and the substantial similarity test necessarily involves decisions made on a case-by-case basis. Sid & Marty Krofft Television Productions, Inc. McDonald's Corp., 562 F. 2d 1157, 1172 (9th Cir. Rule: A preliminary injunction may be granted if the moving party shows either (1) a combination of probable success on the merits and the possibility of irreparable harm, or (2) the existence of serious questions going to the merits, the balance of hardships tipping sharply in its favor, and at least a fair chance of success on the merits. This case does not involve Plaintiffs asserting that Ian Fleming, the James Bond author, can no longer claim a copyright to the James Bond character; rather, this action involves Plaintiffs' right to assert a valid copyright claim against third parties without licenses or rights to the James Bond character based on Plaintiffs' specific delineation and development of the character in their 16 films.

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Issue: Were copyright owners entitled to a preliminary injunction enjoining certain television commercials? Appellate Courts: Let's Take It Up. 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. Unit 5 - Enlightenment Philosophers Primary Sources-Graphic Organizer - Google. 18] Defendants also move to have Plaintiffs' remaining counts for false endorsement, false designation of origin, dilution of trademark and unfair competition, unfair business practices, and intentional and negligent interference with prospective business advantage, dismissed on the ground that these claims "rest on alleged substantial similarity between the Honda commercial and Plaintiffs' works.... " Defendants' Opening Memo re: Summary Judgment Motion, at 33. FEDERAL AND STATE COURTS SS. Later in the opinion, the court cited the Air Pirates decision along with Second Circuit precedent, [9] recognizing that "cases subsequent to [the Sam Spade decision] have allowed copyright protection for characters who are especially distinctive. Plaintiffs contend that Defendants' commercial infringes in two independent ways: (1) by reflecting specific scenes from the 16 films; and (2) by the male protagonist's possessing James Bond's unique character traits as developed in the films.

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0% found this document useful (0 votes). In the landmark Sam Spade case, Warner Bros., 216 F. 2d at 950, the Ninth Circuit held that the literary character Sam Spade was not copyrightable because he did not constitute "the story being told. " This has been viewed to be a less stringent standard than Sam Spade's "story being told" test. Second, the Court must recognize that "some works are closer to the core of intended copyright protection than others, " and thus are more deserving of protection. 6) In "You Only Live Twice, " a chasing helicopter drops a magnetic line down to snag a speeding car. Third, the Court must look to the quantitative and qualitative extent of the copying involved. However, Plaintiffs dispute this assertion, pointing to the fact that when casting began on the project in the summer of 1994, the casting director specifically sent requests to talent agencies for "James Bond"-type actors and actresses to star in what conceptually could be "the *1292 next James Bond film.

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1299 In sum, the extrinsic ideas that are inherent parts of the James Bond films appear to be substantially similar to those in the Honda commercial. 03[B][4], at 13-80-82 (1994) (discussing scenes-a-faire doctrine). Facts: Plaintiffs Metro-Goldwyn-Mayer and Danjaq, owners of registered copyrights to several James Bond films, sought to enjoin Defendants American Honda Motor Co. and its advertising agency Rubin Postaer and Associates from running a commercial for an automobile, which plaintiffs alleged infringed their copyright in the films by intentionally copying specific scenes from them and infringed their copyright in the James Bond character as delineated in those films. Second, Defendants have not been prejudiced by this allegedly "late" production of Plaintiffs' evidence of ownership because Defendants clearly knew, as the Court knew, as early as February 6, 1995 (when Plaintiffs filed their reply papers in the preliminary injunction proceeding) that Plaintiffs had claimed ownership of the sixteen films and had asserted their rights in the James Bond character against other entities. In their opening brief, Plaintiffs contend that each of their sixteen films contains distinctive scenes that together comprise the classic James Bond adventure: "a high-thrill chase of the ultra-cool British charmer and his beautiful and alarming sidekick by a grotesque villain in which the hero escapes through wit aided by high-tech gadgetry. " In this case, Plaintiffs contend that Defendants conceded access during the telephone conference with the Court on January 4, 1995. Denied, 348 U. S. 971, 75 S. Ct. 532, 99 L. Ed. 977, 108 S. 1271, 99 L. 2d 482 (1988) (requiring greater showing of similarity between factually-based works as opposed to between works of fiction). "The Judicial Branch Video Viewing Guide" Part 1 We will watch a video illustrating the trial process. Defendants claim that, after the initial May 1992 approval, they abandoned the "James Bob" concept, whiting out "James" from the title on the commercial's storyboards because of the implied reference to "James Bond. " KENYON, District Judge. Plaintiffs were receptive to the idea, but Defendants suggested instead that they be allowed to file a motion for summary judgment, and that the Court issue a ruling on both Plaintiffs' and Defendants' motions simultaneously. Krofft, 562 F. 2d at 1164. Can someone summarize the term "jurisdiction"?

Is this content inappropriate? Again, Plaintiffs should prevail on this issue because their work has created its own unique niche in the larger "action film" genre. Litchfield v. Spielberg, 736 F. 2d 1352, 1357 (9th Cir.

See also Harper & Row Publishers, Inc. Nation Enterprises, 471 U. Plaintiffs' Opening Memo re: Preliminary Injunction Motion, at 32. Reward Your Curiosity. 1981) (comparing Superman and the "Greatest American Hero" character and concluding that they are not substantially similar). 4) In "Moonraker, " the villainous henchman, Jaws, sporting a broad grin revealing metallic teeth and wearing a pair of oversized goggles, jumps out of an airplane.

Article III, Section 1 Activity Sheet Read aloud Article III, Section 1 from the U. Join to access all included materials. A grotesque villain with metal-encased arms[2] jumps out of the helicopter onto the car's roof, threatening harm. Rich, extensive materials included (such as script, activity instructions, crossword puzzles, and simulation handouts).

Ferguson v. National Broadcasting Co., 584 F. 2d 111, 113 (5th Cir. Click to see the original works with their full license.

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