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The latter is especially true given Plaintiffs' own deal with BMW for a special movie tie-in in conjunction with Plaintiffs' release of the first James Bond movie in six years, "Goldeneye" a fact undisputed by Defendants. 21] Aside from the numerous declarations on file that address the "substantial similarity" issue, Plaintiffs also submitted several other expert declarations, including ones from: (1) Sir Kingley Amis, author of The James Bond Dossier; (2) Professor Tony Bennett, author of Bond and Beyond: the Political Career of a Popular Hero; and (3) John Cork, author of James Bond in the '90s, a character bible for Danjaq to use with future James Bond films. Id., 114 S. at 1178 (citing Fisher, 794 F. 2d at 438). 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. 1177 (S. 1979) (commercial copying Superman).

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Casper also states: "I also believe that this distinct melange of genres, which was also seminal... created a protagonist, antagonist, sexual consort, type of mission, type of *1295 exotic setting, type of mood, type of dialogue, type of music, etc. Federal and State Courts There is a court system for the federal and state levels. Thus, the Court believes that Plaintiffs will likely succeed on their claim that their expression of the action film sequences in the James Bond films is copyrightable as a matter of law.

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It appears that Defendants misconstrue Plaintiffs' claim. Like Rocky, [10] Sherlock Holmes, Tarzan, and Superman, [11] James Bond has certain character traits that have been developed over time through the sixteen films in which he appears. Click to see the original works with their full license. Your class members will take on the roles of jury members in this exciting simulation. What Courts do You See in Article V?

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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. The commercial first aired on October 24, 1994, but was apparently still not cleared for major network airing as late as December 21, 1994. 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. For what was to become the commercial at issue, Rubin Postaer vice-president Gary Yoshida claims that he was initially inspired by the climax scene in "Aliens, " wherein the alien is ejected from a spaceship still clinging onto the spacecraft's door. Article III, Section 1 Activity Sheet Read aloud Article III, Section 1 from the U.

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The court held that irreparable harm would be presumed due to plaintiffs' likelihood of success on a copyright claim. Checking for Understanding: Write a well-crafted response using the following prompts: Prompt 1 Using what you read during the "Understanding Federal & State Courts" activity and what you watched during the "Judicial Branch" video, explain the difference between the trial process and the appellate process. Irreparable injury is presumed because the copyright owner's right to exploit its work is unique. Apparently, Plaintiffs contacted Coke after the spot aired, demanding that it cease and desist; Coke agreed without Plaintiffs having to resort to litigation. The court opined: "It is conceivable that the character really constitutes the story being told, but if the character is only the chessman in the game of telling the story he is not within the area of the protection afforded by the copyright. " Students also viewed. While it is understandable to require less protection of expressions of factual events or widely-licensed computer programs, conversely, it is important that this Court require greater protection for original works of fiction and the expression of the characters contained therein. G., New Line Cinema, 693 F. at 1530. 19] Moreover, as mentioned above, Plaintiffs recognize that author Ian Fleming had sold the movie rights to "Casino Royale" prior to Plaintiffs' obtaining their rights to make their sixteen Bond films. 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. 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. After reading a detailed script and reviewing pieces of evidence, they will determine whether Honda violated copyright and copied James Bond.

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Complete the rest of the activity sheet in your pairs. 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. First, the Court must look to whether Defendants' use is of a commercial nature and whether, and to what extent, the infringing work is transformative of the original. In light of the foregoing, the Court does not believe there was any gamesmanship on Plaintiffs' part here, nor was there any undue prejudice to Defendants because Plaintiffs did not file the Mortimer exhibits until February 27, 1995. 0% found this document useful (0 votes). See also infra discussion re: Plaintiffs' copyright ownership in context of summary judgment discussion, at 27-29. b. Defendants' arguments fail for several reasons. Plaintiffs Own The Copyrights To The James Bond Character As Well As The 16 Films At Issue.

Flickr Creative Commons Images. 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. See Berkic v. Crichton, 761 F. 2d 1289, 1292 (9th Cir. 1960) ("Obviously, no principle can be stated as to when an imitator has gone beyond the `idea, ' and has borrowed its `expression. ' Shaw, 919 F. 2d at 1356 (emphasis in original). Search inside document. G., Warner Bros. Inc., 654 F. 2d at 208 (holding that access to Superman character assumed based on character's worldwide popularity). Law School Case Brief. 11 Diagram the levels, functions, and powers of courts at the state and federal levels. Share or Embed Document. Campbell, 114 S. at 1177 (citing 17 U.

A second Ninth Circuit opinion issued in 1988 did little to clarify Air Pirates' impact on the Sam Spade test. Why is the jury so important? Plaintiffs view their films as just such core-predictable work, while Defendants see their work as generic, spy thriller fare. Id., ___ U. at ___, 114 S. at 1171.

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