James Bond In A Honda Answer Key | Charles Town Passport Offices - Get A Passport In Charles Town, Wv - Passport Info Guide

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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. Original Title: Full description. Kamar Int'l, Inc. Russ Berrie and Co., 657 F. 2d 1059, 1062 (9th Cir. 1960) ("Obviously, no principle can be stated as to when an imitator has gone beyond the `idea, ' and has borrowed its `expression. ' The "extrinsic" test compares specific, objective criteria of two works on the basis of an analytic dissection of the following elements of each work plot, theme, dialogue, mood, setting, pace, characters, and sequence of events.

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5] Situations, incidents, or events that naturally flow from a common theme, or setting or basic plot premise are "scenes-a-faire. " 1] Plaintiffs *1291 are ORDERED to post a bond in the amount of $6, 000, 000 for this preliminary injunction to issue. The first 3 words have been done for you. 756 (1955) (evidence at bar suggesting that assignment from author to plaintiffs did not include copyrights to author's characters) [the Sam Spade case]). After identifying the scope of Plaintiffs' copyrightable work, the Court must focus on whether Defendants copied Plaintiffs' work. Plaintiffs raise two points in response: (1) there is other evidence before the Court to suggest that Honda never abandoned the idea of using James Bond as the basis for its commercial for example, the casting director's notes, Yoshida's reference in his deposition to the Honda Man as "James, " etc.

1052, 105 S. 1753, 84 L. 2d 817 (1985). Report this Document. Accordingly, the Court concludes that Plaintiffs will probably succeed on their claim that James Bond is a copyrightable character *1297 under either the "story being told" or the "character delineation" test. Plaintiffs' experts describe in a fair amount of detail how James Bond films are the source of a genre rather than imitators of a broad "action/spy film" genre as Defendants contend. A. circuit courts, Florida Supreme Court, county courts, District Court of Appeals B. county courts, circuit courts, District Court of Appeals, Florida Supreme Court C. District Court of Appeals, Florida Supreme Court, county courts, circuit courts D. Florida Supreme Court, circuit courts, District Court of Appeals, county courts. 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. You are on page 1. of 1. Reviewing the evidence and arguments, the Court believes that James Bond is more like Rocky than Sam Spade in essence, that James Bond is a copyrightable character under either the Sam Spade "story being told test" or the Second Circuit's "character delineation" test. Even though Plaintiffs did not produce these documents until February 27, 1995, Defendants had notice that Plaintiffs had asserted these claims; in other words, if Defendants needed to review these documents prior to that time, they could have moved to compel production, and yet they did not. First, Plaintiffs do not allege that Defendants have violated Plaintiffs' copyright in the James Bond character itself, but rather in the James Bond character as expressed and delineated in Plaintiffs' sixteen films. As discussed above, Plaintiffs have established a likelihood of success on the merits and therefore, the Court presumes irreparable injury.

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. Why is the jury so important? 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. Plaintiffs' Opposition Memo re: Summary Judgment Motion, at 26 n. 10. See Fisher v. Dees, 794 F. 2d 432, 438 (9th Cir. Other sets by this creator. 2) Whether James Bond Character Is Copyrightable. Judges: Playing Fair. 1) Whether Film Scenes Are Copyrightable. Under Rule 56(c) of the Federal Rules of Civil Procedure, a court may grant summary judgment upon finding that "there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. " Neither side disputes that Plaintiffs own registered copyrights to each of the sixteen films which Plaintiffs claim "define and delineate the James Bond character. " Flickr Creative Commons Images. Appellate Courts: Let's Take It Up.

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The Court ORDERS that Defendants, their agents, employees, representatives, and all others purporting to work, or working, on their behalf, be, and by this order are, enjoined from continuing to infringe on Plaintiffs' copyrighted works by displaying or exhibiting in any manner, or causing to be displayed or exhibited in any manner, the Honda del Sol commercial which is the subject of this action, in any medium, including network or cable television or movie theaters. Click to expand document information. The Florida Constitution outlines the structure of courts for the state. To the extent that copyright law only protects original expression, not ideas, [4] Plaintiffs' argument is that the James Bond character as developed in the sixteen films is the copyrighted work at issue, not the James Bond character generally.

From there, Yoshida and coworker Robert Coburn began working on the story-boards for the "Escape" commercial. Interpreting the Constitution. Defendants claim that their commercial was independently created, as evidenced from the Yoshida declaration stating that he was inspired not by James Bond, but by "Aliens. " Any inferences to be drawn from the underlying facts must be viewed in the light most favorable to the party opposing the summary judgment motion. When summarizing the definition for a court, when possible, include a court's structure, the types of cases they hear and whether a court is a trial court or an appellate court. 826, 106 S. 85, 88 L. 2d 69 (1985). 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. Chemical tests must be performed to identify which chemical contaminant is. Both sides provide expert testimony to support their claims that such scenes are distinctive or generic, and both sides question the qualifications and hence, the testimony of the others' experts. 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. 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. "
The law in the Ninth Circuit is unclear as to when visually-depicted characters such as James Bond can be afforded copyright protection. Moreover, the sheer worldwide popularity and distribution of the Bond films allows the Court to indulge a presumption of access. As the Ninth Circuit explained in Shaw: "Because each of us differs, to some degree, in our capability to reason, imagine, and react emotionally, subjective comparisons of literary works [and films] that are objectively similar in their expression of ideas must be left to the trier of fact. " Id., ___ U. at ___, 114 S. at 1171. Moreover, as discussed more specifically below, the Honda Man's character, from his appearance to his grace under pressure, is substantially similar to Plaintiffs' Bond. Defendants object to all of these declarations on similar grounds as before: these experts won't assist the trier of fact, lack of foundation, lack of personal knowledge, etc. After a brief telephone conference with this Court on January 4, 1995, the Court allowed Plaintiffs to conduct expedited discovery in this matter. This structure includes a Supreme Court, District Courts of Appeal, Circuit Courts, and County Courts. 03[B][4], at 13-80-82 (1994) (discussing scenes-a-faire doctrine). Download fillable PDF versions of this lesson's materials below! 11 BELLRINGER 1/29 What is the responsibility of the appellate courts? Trial Simulation lesson plan also includes: - Activity.

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The basic structure of the Florida state courts is outlined within these two sentences. But as Plaintiffs correctly point out, Defendants' cases are distinguishable on their facts and as a matter of policy. Share or Embed Document. No., " the villain has metal hands. See Anderson, 1989 WL 206431, at *7-8.

The Court shall analyze each factor in turn below. Document Information. G., New Line Cinema, 693 F. at 1530. There are many ways to express a helicopter chase scene, but only Plaintiffs' Bond films would do it the way the Honda commercial did with these very similar characters, music, pace, and mood. While the commercial was initially approved by Honda in May 1992, it was put on hold because of financing difficulties. Ferguson v. National Broadcasting Co., 584 F. 2d 111, 113 (5th Cir. See Stolber Depo., at 81:9-84:2. See also Tin Pan Apple, Inc. Miller Brewing Co., 737 F. 826, 832 (S. 1990) (beer commercial copying music video); D. Comics, Inc. Crazy Eddie, Inc., 205 U. 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. " Opportunity to practice evaluating arguments and analyzing evidence.

In so doing, the Court rejected the defendants' characterization of the plaintiffs' expression of ideas as unprotectable scenes-a-faire: "The Court rejects Defendants' overly expansive view of that which falls within the unprotected sphere of general ideas and scenes a faire, and instead adopts Plaintiffs' characterization of that which constitutes the expression of ideas. The Alleged Similarities Between The Works Are Protected By Copyright. 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. Metro-Goldwyn-Mayer, Inc. v. Am. This Court rejected this approach in Universal, and does so here as well. 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. "The Judicial Branch Video Viewing Guide" Part 1 We will watch a video illustrating the trial process. What evidence in the reading can you use to answer these questions? " 11 Diagram the levels, functions, and powers of courts at the state and federal levels. In Opposition to Preliminary Injunction Motion, ΒΆΒΆ 6-7.

99 Walgreens #12802 - Winchester - (12. Mon-Fri. 9:00am-5:00pm. Kearneysville, WV 25430. The first line is the recipient's name, the second line is the street address with a detailed house number, and the last line is the city, state abbr, and ZIP Code. Search All Categories. The LoopNet service and information provided therein, while believed to be accurate, are provided "as is". Sponsored Listings: The Charles Town Post Office is located in the state of West Virginia within Jefferson County. The Basics: CDL-A Truck Drivers will get home daily on this account Drivers can expect to make up to $2000 per week All no touch freight Dedicated account The Benefits: ~ Full benefit options; dental, vision, medical, etc... ~401K with company-matched... There are 25 United States Postal Service post boxes and offices available to the public in Jefferson County. 101 W Washington St, (304)725-6726. Post Office in ZIP Code 25414. Check nearby locations below.

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This is the post office location for the Kearneysville Post Office in Jefferson County. When applying for your first passport or renewing one you already have, there is a fee. Charles Town Post Office101 W Washington St, Charles Town WV 25414.

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101 W Washington St. WV, 25414. Business Reply Mail Account Balance. Maintains radio... Cashier Job Description: Provide prompt and friendly service to customers in a way that will exceed customer expectations and ensure customer satisfaction. Local passport offices are typically post offices, county clerk offices, and other government offices (Keep in mind: that not all county clerks, and not all post offices are acceptance agents). Limited packaging supplies are also available to finish preparing a shipment. Search for... Add Business. It is recommended that you call to confirm that your chosen location offers passport photos #1428 - Charles Town - (1. These guidelines are designed to safeguard children, but allow for additional time to obtain the passport. Phone: 304-725-6726. Or perhaps renewing one that has expired? This location serves 17, 024 Charles Town residents with a median income of $71, 881. One of the most common questions we get asked is where "where should I get my passport photos taken at? " ZIP Codes for City of Charles Town, WV. Besides the basic information, it also lists the full ZIP code and the address of ZIP code 25414.

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Saturday: 9:00AM - 12:30PM. Please see regional passport offices close to Charles Town, there is one less than 100 miles from Charles Town. Please note that passport acceptance agents operate at times different than post office retail hours. Within each passport office listing, we provide a contact number, hours, parking availability, and appointment requirements. 304) 724-1890 (fax). Bulk Mail New Permit. Jefferson Utilities Incorporated. Have you visited this branch before? The basic process: fill out the DS-11 New Passport Application, take it with your proof of identity, passport photos, and passport fees to the only passport office in Charles Town to witness your signature and seal the documents.

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