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Interpreting the Constitution. 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. There must be a reasonable possibility to view plaintiff's work, not just a bare possibility. Showing top 8 worksheets in the category - James Bond In A Honda. There have been no Ninth Circuit cases on the protectability of visually-depicted characters since Olson, and therefore, it behooves this Court to analyze James Bond's status under the Sam Spade/Olson/Ninth Circuit "story being told" test, as well as under the Air Pirates/Second Circuit "character delineation" test. Under the Supreme Court's recent decision in Campbell v. Acuff-Rose Music, Inc., ___ U. However, later in the opinion, the court distanced itself from the character delineation test applied by these other cases, referring to it as "the more lenient standard[] adopted elsewhere. " The Air Pirates decision may be viewed as either: (1) following Sam Spade by implicitly holding that Disney's graphic characters constituted the story being told; or (2) applying a less stringent test for the protectability of graphic characters.

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4] Roth Greeting Cards v. United Card Co., 429 F. 2d 1106, 1109-10 (9th Cir. See, e. g., Dataphase Systems, Inc. v. C L Systems, Inc., 640 F. 2d 109, 113 (8th Cir. Share this document. 1052, 105 S. 1753, 84 L. 2d 817 (1985). Indeed, audiences do not watch Tarzan, Superman, Sherlock Holmes, or James Bond for the story, they watch these films to see their heroes at work. The Court FINDS, for the reasons set forth above, that Plaintiffs have presented sufficient expert testimony[21] on the extrinsic test to create a *1304 triable issue as to whether the ideas expressed in the Honda commercial are substantially similar to those protected ideas that appear in Plaintiffs' films. 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. Merits Of Plaintiff's Copyright Infringement Claim. The games are invaluable for applying the concepts we learn in class.

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The Summary Judgment Standard. March 29, 1995. v. AMERICAN HONDA MOTOR CO., INC., et al., Defendants. Rich, extensive materials included (such as script, activity instructions, crossword puzzles, and simulation handouts). Shaw, 919 F. 2d at 1359. 8] Of course, these film sequences would be only "scenes-a-faire" without James Bond. Olson also noted that "copyright protection may be afforded to characters visually delineation in a television series or in a movie. That appear to this Court to be largely immaterial differences that would not be immediately apparent to the average viewer. 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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1981) (rejecting idea that "likelihood" requires moving party to show better than 50-50 chance of prevailing on merits). 3] Defendants respond that this decision was solely the casting director's, and that the director was actually instructed to look for "The Avengers"-type actors. Why is the jury so important? Got a 1:1 classroom? While the commercial was initially approved by Honda in May 1992, it was put on hold because of financing difficulties. Here, Plaintiffs contend that the Honda ad is completely commercial in its nature and does not comment on the earlier Bond films.

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Irreparable injury is presumed because the copyright owner's right to exploit its work is unique. The task is to distinguish between "`biting criticism [that merely] suppresses demand [and] copyright infringement [which] usurps it. '" Plaintiffs move to enjoin Defendants' commercial pending a final trial on the merits, and Defendants move for summary judgment. G., New Line Cinema Corp. Bertlesman Music Group, 693 F. 1517, 1521 n. 5 (S. N. Y. In the Honda commercial, the villain, wearing similar goggles and revealing metallic teeth, jumps out of a helicopter. Search inside document. G., Anderson v. Stallone, 11 U. P. Q. However, as one district court warned, "this fact does not warrant the creation of separate analytical paradigms for protection of characters in the two mediums. " Students also viewed. 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"). Law School Case Brief. Interview the witnesses. Double Take: The Dual Court System. "The Trial Process Overview" Student Activity Sheet Directions: In your pairs, for each trial step, summarize the section in your own words using complete sentences.

Plaintiffs' Opposition Memo re: Summary Judgment Motion, at 26 n. 10. Metro-Goldwyn-Mayer v. American Honda Motor Co., 900 F. Supp. Plaintiffs' Opening Memo re: Preliminary Injunction Motion, at 32. 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. A grotesque villain with metal-encased arms[2] jumps out of the helicopter onto the car's roof, threatening harm. Defendants moved for summary judgment, arguing that plaintiffs did not own exclusive rights to the character, any similarities between films and defendants' commercial were not protected by copyright, and there was no substantial similarity between copyrighted works and defendants' commercial. What evidence in the reading can you use to answer these questions? " Plaintiffs' Opening Memo, at 14. Moreover, Defendants claim that their intent is irrelevant in determining whether their commercial infringes or not. 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. A second Ninth Circuit opinion issued in 1988 did little to clarify Air Pirates' impact on the Sam Spade test. 1 Collection 422 Views 290 DownloadsCCSS: Designed.