Lawsuits Flashcards

Question

What was the impact of Sony vs Universal?

Answer 1

- Allowed growth of video recoding tech, paved the way for MP3 and DVRs - Expanded the concept of fair-use, especially around the idea of time shifting - Safe harbor for tech producers- manufacturers of tech products cannot be held liable for contributory copyright infringement

Answer 2

Public domain work and existing with a valid copyright

Answer 3

Heirs of author Ehud Money sued Paramount, claiming copyright infringement related to "Top Gun: Maverick" Copyright of Top Gun novel was terminated in 2018 under Section 203 of US Copyright Act Paramount preceded with production of TGN without securing a new license, saying it was a new story Court ruled that there was no substantial similarity, granted Paramount summary judgment but found that there were similar thematic elements Nevertheless paramount did not have to reacquire rights from Yonan's estate

Answer 4

Eileen Werlin submitted a report to Reader's Digest on Bat Mitzvah of a girl with Down syndrome, got denied, but later staff from RD (Joseph Blank) created an agile on this topic anyways Down Syndrome: a third copy of Chromosome 21 Significant bc introduces the idea of the "ideas" test Court gives Werlin $500: kill fee instead of spotter's fee views case as "unjust enrichment" made ideas/expression dichotomy more naucned- in some situations now we will protect ideas

Answer 5

1. Novel 2. Concrete 3. Actually appropriated by the previous party

Answer 6

Hugo Zacchini (human cannonball performer) act was recorded, broadcast on news w/o consent Sued for "right of publicity", argued he couldn't profit from his performance (performed in private property) Key issue: whether First Amendment protected news station use of the footage or whether Zacchini's right to control the commercial exploration of his act took precedence Court ruled in favour of Zacchini: First Amendment does not immunise unauthorised commercial use of someone's whole performance Significance: recognise issue of right of publicity Covers name, likeness and appearance Links to labor theory of IP

Answer 7

Right of publicity case: Estate of Elvis sued Russen, who produced a live show called "The Big El Show"- heavily featured an Elvis impersonator Issues: Whether Russen's use of Presley's likeness and persona vilolated Elvis' posthumous right of publicity? Court's ruling: Ruled in favour of Presley estate Said that the show capatzlied on Elvis' identity in a way that went beyond fair use/tribute (Recreated specific elements of Elvis' persona, performance, exploited his fame for commercial gain) Significance: right of publicity after death reeinforce how indiivduals/estates have control over the commercial exploitation of their name, likeness + image

Answer 8

Is it a copyright problem? No. Arugments in favor: -Makes movies mroe marketable -Owners own the copyright- control the work - Colorized work should be treated as derivative Against: - Movies were written, designed based upon black and white asthetic - - Mutliating original vision of artist - Distraction

Answer 9

Related to television broadcast about Elvis' death Larry Sellers contracted with Geraldo Rivera about a story about Elvis' death Sellers signed an agreement guaranteeing him all copyright privileges, requiring AC to credit him hit uncovering the true cause of Elvis's death: that his physician replaced cortisone he was supposed to be taking with placebos bc they wanted to prevent him from seeking repayment f a $1.3 million loan Nine months after getting Seller's story, Rivera does a story Conclusion: Elvis did of a bad interaction of drugs (polypharmacy), not cardiac arrthymia Seller claims that he told Rivera about the interaction of drugs and negligence of physicians in overprescribing them Court says: because he didn't use the cortisone theory, Rivera was in the clear Significant because uses ideas test: Needs to be - Novel - Concrete - One appropriated by the defendant But what Seller wasn't concrete enough to meet this test

Answer 10

Right of publicity case Ford Motor Co wants to do an ad using Bette Midler's voice singing "Do you want to dance" She refused, so they used her backup singer Ula Hedwig to imitate her 9th circuit decision, adds "voice" to protectible elements of copyright conclusion: voice is not copyrightable, but can be protected under right of publicity ruled in favour of bette midler, awarded 400,000 in damages

Answer 11

1991 Innovative technology case: involves creation of a course packet to distribute reading materials to students Kinko's bookstore that sells college course packets Several major publishing companies including Basic Books sued Kinko's alleging copyright infringement Kinko's argued that it was fair-use, as course packets were being used for educational reasons However Court ruled against Kinko's found that commercial sale of course packets did not qualify for fair-use, done for profit, involved substantial portions of the works

Answer 12

Fair-use case Free republic (bulletin board-like website) took LA times articles and put it on their website FR claims readers sometimes go back to the original source Purpose of the use: FR claims its transformative, does not use linking bc that would confuse readers Nature of the work? Defendant claims its non-profit- doesn't market/sell a product or generate revenue Amount taken: whole article Market effect: FR has 20,000 registered users, receives as many as 100,000 hits per day Attracts between 25 to 50 million page views each month Court says that FR copies are exact substitutes for plaintiff's works Finds 3/4 factors to weigh in plaintiffs favor- defendant's motion is denied

Answer 13

Search engine case with Fair-use Arriba operates a visual search engine on internet. The engine retrieves images, not descriptive text. Produces a list of reduced thumbnail sketches Kelly: photographer who specializes in images of Gold Rush era. In Jan 1999, 35 of Kelly's pictures put into Arriba database Purpose + character of the use: use of thumbnails was transformative, changes Kelly's works from artistic tools to search engine tools Nature of the work: artistic work Amount taken: Images were significantly reduced in size and quality, but still too big when full-size Effect on market: Did not harm market for images Result 2/4 factors favoured fair use Bc first factor most important, ruled that it was fair-use

Answer 14

2002, Mattel sued MCA records over the song "Barbie Girl" by Danish band AQUA Claimed that the song infringed on the Barbie trademark, tarnished image of Barbie brand Issues: Fear of trademark dilution First Amendment Defense: MCA records contended that the song was a parody, protected by First Amendment's free speech rights Court's ruling: "Barbie Girl" was a parody Use of Barbie seen as artistic expression and social commentary on the doll's cultural significance, not an attempt to dilute/tarnish the trademark. "The parties are advised to chill"

Answer 15

1988, Quality Inn attempted to launch new chain of budget hotels: McSleep Inn Issues: McDonald's argued that use of "Mc" infringed on its family of trademarks e.g. McMuffin Fear of trademark dilution, even though businesses were in different industries Court ruled in favour of McDonald's saying that the name was likely to cause consumer confusion. Created a permanent injunction prohibiting Quality Inns from using the name "McSleep" or any variation of "Mc" in connection with its hotels

Answer 16

When the judge makes a determination on all the issues in dispute

Lawsuits Flashcards

(40 cards)