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In Olson v. National Broadcasting Co., 855 F. 2d 1446, 1451-52 n. 6 (9th Cir. Irreparable injury is presumed because the copyright owner's right to exploit its work is unique. Ferguson v. National Broadcasting Co., 584 F. 2d 111, 113 (5th Cir. ORDER RE: (1) MOTION FOR PRELIMINARY INJUNCTION; (2) MOTION FOR SUMMARY JUDGMENT. 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. Id., ___ U. at ___, 114 S. at 1171. Recent flashcard sets.

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Denied, 348 U. S. 971, 75 S. Ct. 532, 99 L. Ed. The basic structure of the Florida state courts is outlined within these two sentences. 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. A claim for copyright infringement requires that the plaintiff prove (1) its ownership of the copyright in a particular work, and (2) the defendant's copying of a substantial, legally protectable portion of such work.

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Save james bond jury instructions For Later. In the landmark case of Nichols, 45 F. 2d at 121, the court held that copyright protection is granted to a character if it is developed with enough specificity so as to constitute protectable expression. Defendants' Objection to Mortimer Decl., at 3 (emphasis and citations omitted). Two subsequent Ninth Circuit decisions have cast doubt on the continued viability of the Sam Spade holding as applied to graphic characters. 6 Simulate the trial process and the role of juries in the administration of justice. Trial Simulation Lesson" from iCivics: plans/james-bond-honda-trial-simulation- lesson plans/james-bond-honda-trial-simulation- lesson.

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Students apply real copyright law to simulate the process courts use in applying law to fact and arrive at a "verdict. " Sid & Marty Krofft Television Productions, Inc. McDonald's Corp., 562 F. 2d 1157, 1172 (9th Cir. For the reasons discussed above, Defendants' evidence is neither very strong nor credible; it is highly unlikely that Defendants will be able to show that they created their commercial separate and apart from the James Bond concept. Specifically, Defendants claim that James Bond has appeared in two films in which Plaintiffs hold no copyright "Casino Royale" and "Never Say Never Again" and therefore, Plaintiffs cannot have exclusive rights to the James Bond character. The court held that irreparable harm would be presumed due to plaintiffs' likelihood of success on a copyright claim. Defendants claim that the commercial depicts a generic action scene with a generic hero, all of which is not protected by *1298 copyright. 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. 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. " 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. 576648e32a3d8b82ca71961b7a986505. The Court agreed to this procedure and calendared these two motions for March 13, 1995.

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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. See Kaiser Cement Corp. Fischbach and Moore, Inc., 793 F. 2d 1100, 1103-04 (9th Cir. Prompt 2 Using what you have learned in this lesson and during the trial simulation, explain the role a jury plays in the trial process. 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. Where the appropriation involves "mere duplication for commercial purposes, " market harm is presumed. I find the materials so engaging, relevant, and easy to understand – I now use iCivics as a central resource, and use the textbook as a supplemental tool. Finally, Defendants contend that the Honda commercial is not substantially similar both extrinsically and intrinsically to Plaintiffs' protected works.

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But as Plaintiffs correctly point out, Defendants' cases are distinguishable on their facts and as a matter of policy. 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. Plaintiffs' Opening Memo re: Preliminary Injunction Motion, at 32. A parodist may appropriate only that amount of the original necessary to achieve his or her purpose. Evidence is usually supplied by expert testimony comparing the works at issue. Rich, extensive materials included (such as script, activity instructions, crossword puzzles, and simulation handouts). Shaw, 919 F. 2d at 1359. Apparently, Plaintiffs contacted Coke after the spot aired, demanding that it cease and desist; Coke agreed without Plaintiffs having to resort to litigation. Share this document. 2] Defense counsel argued at the hearing that the villain's arms were normal and merely gloved.

Article V of the Florida Constitution Summarize these sentences in your own words in the blank box at the bottom of your "Article III, Section 1" activity sheet "The judicial power shall be vested in a supreme court, district courts of appeal, circuit courts and county courts.