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Join to access all included materials. Defendants' less-impressive expert list includes: (1) Arnold Margolin, a writer and producer, who considers himself to be "conversant with the genre to which James Bond and his films belong, " because he has been a fan of Bond films since 1959 and has written several screenplays in the "spy film" genre; and (2) Hal Needham, a movie director responsible for the "Cannonball Run" and "Smokey and the Bandit" comedy film series. Lynna Landry, AP US History & Government / Economics Teacher and Department Chair, California. Original Title: Full description. 5) In "The Spy Who Loved Me, " Jaws assaults a vehicle in which Bond and his female sidekick are trying to make their escape. Judicial Branch Brainstorm and share out words and ideas you associate with the term "judicial branch. Sid & Marty Krofft Television Productions, Inc. McDonald's Corp., 562 F. 2d 1157, 1172 (9th Cir. Showing top 8 worksheets in the category - James Bond In A Honda. The required showing of likelihood of success on the merits is examined in the context of injuries to the parties and the public, and is not reducible to a mathematical formula. Strategic Arms Limitation Treaty (SALT) I and. Defendants primarily argue that because Plaintiffs admit that the James Bond character in "Never Say Never Again" is exactly the same character depicted in Plaintiffs' 16 films, Plaintiffs do not have exclusive ownership, under Krofft, of the James Bond character as expressed and delineated in these films.

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James bond jury instructions. Plaintiffs' Opposition Memo re: Summary Judgment Motion, at 26 n. 10. Everything you want to read.

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6] Indeed, there is a notable difference in the backgrounds of the parties' experts. Ferguson v. National Broadcasting Co., 584 F. 2d 111, 113 (5th Cir. Defendants' Objection to Mortimer Decl., at 3 (emphasis and citations omitted). Argument Wars Extension Pack. Did you find this document useful? 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. "The Judicial Branch Video Viewing Guide" Part 2. This case arises out of Plaintiffs Metro-Goldwyn-Mayer's and Danjaq's claim that Defendants American Honda Motor Co. and its advertising agency Rubin Postaer and Associates, violated Plaintiffs' "copyrights to sixteen James Bond films and the exclusive intellectual property rights to the James Bond character and the James Bond films" through Defendants' recent commercial for its Honda del Sol automobile. The "intrinsic" test asks whether the "total concept and feel" of the two works is also substantially similar. 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. Unit 5 - Enlightenment Philosophers Primary Sources-Graphic Organizer - Google.

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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. Plaintiffs identify a seventh similarity that is less compelling, but nonetheless interesting: In "Diamonds Are Forever, " Sean Connery, playing James Bond, wears a toupee to cover his, by then, balding pate, a fact widely reported in the media and repeated in the Bond literature. The Florida Constitution outlines the structure of courts for the state. Metro-Goldwyn-Mayer v. American Honda Motor Co., 900 F. Supp. 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. " 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. 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. Students participate in a scripted fictional trial based on a real case in which the producers of James Bond films sued Honda for creating an ad that looked way too much like a James Bond movie. The Ninth Circuit has established a two-part process for determining "substantial similarity" by applying both the "extrinsic" and "intrinsic" tests. Interview the witnesses.

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Defendants' Opening Memo re: Summary Judgment, at 10. 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 Own The Copyrights To The James Bond Character As Well As The 16 Films At Issue. This proposition is fairly gleaned from the case and is consistent with the Ninth Circuit's holding in King Features, 843 F. 2d at 399. This "idea-expression" dichotomy is particularly elusive to courts and the substantial similarity test necessarily involves decisions made on a case-by-case basis. 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. Finally, and most importantly, Defendants do not contest the substantive importance or validity of the exhibits attached to the Mortimer declaration; they simply contend that the Court should not consider these documents because they were not turned over earlier. 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. " Download fillable PDF versions of this lesson's materials below! Some images used in this set are licensed under the Creative Commons through. 15] During the hearing, defense counsel pointed out several differences the fact that the "Honda man" was blonder than Bond, the fact that the commercial was more "sepia" in tone than the Bond films, etc.

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After the plaintiff has satisfied both the "access" and "substantial similarity" prongs of the test, the burden then shifts to the defendant to show that the defendant's work was not a copy but rather was independently created. Plaintiffs claim that the Honda commercial is a total appropriation; Defendants describe the two versions of their commercial as "de minimis" appropriation, if at all. For paragraphs that have multiple concepts, use a different color highlighter or marker to mark the evidence. 6) In "You Only Live Twice, " a chasing helicopter drops a magnetic line down to snag a speeding car. 1988) ("Because New Line has valid copyrights in the Nightmare [on Elm Street film] series, it is clear that it has acquired copyright protection as well for the character of Freddy. ") There is no evidence to suggest that Plaintiffs have ever relinquished their rights to the James Bond character as expressed in their films. 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. But as Plaintiffs correctly point out, Defendants' cases are distinguishable on their facts and as a matter of policy. Suddenly, a helicopter appears from out of nowhere and the adventure begins. Here, both Plaintiffs' and Defendants' experts go through specific analyses of the similarities in ideas between the James Bond films and the Honda commercial. One rationale for adopting the second view is that, "[a]s a practical matter, a graphically depicted character is much more likely than a literary character to be fleshed out in sufficient detail so as to warrant copyright protection. " Conclusion: Plaintiffs' motion for injunctive relief was granted and defendants' motion was denied. 574, 587, 106 S. 1348, 1356, 89 L. 2d 538 (1986).

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Here, Plaintiffs contend that the Honda ad is completely commercial in its nature and does not comment on the earlier Bond films. 1988), the court cited with approval the Sam Spade "story being told" test and declined to characterize this language as *1296 dicta. 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. "

And fourth, the Court must measure "`the effect of the use upon the potential market for or value of the copyrighted work. '" Pasillas v. McDonald's Corp., 927 F. 2d 440, 442 (9th Cir. See also Harper & Row Publishers, Inc. Nation Enterprises, 471 U. 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. The Summary Judgment Standard. On balance, Plaintiffs should prevail on this issue the Supreme Court in Campbell notes that "[t]he use... of a copyrighted work to advertise a product, even in parody, will be entitled to less indulgence under the first factor of the fair use enquiry, than the sale of the parody for its own sake.... " 114 S. at 1174.

Accordingly, Plaintiffs will likely satisfy the "ownership" prong of the test. Some of the worksheets displayed are Bond in a honda master, Lesson practice b decimals and fractions, Lesson practice b decimals and fractions, Lesson practice b decimals and fractions, Handbook of adhesives and surface preparation technology, Thermodynamics for engineers ferris, Annie baker the flick, Medicare ready. 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. Article III, Section 1 Activity Sheet Read aloud Article III, Section 1 from the U. Campbell, 114 S. at 1177 (citing 17 U. With a flirtatious turn to his companion, the male driver deftly releases the Honda's detachable roof (which Defendants claim is the main feature allegedly highlighted by the commercial), sending the villain into space and effecting the couple's speedy get-away.

Id., 114 S. at 1178 (citing Fisher, 794 F. 2d at 438). Later in the opinion, the court cited the Air Pirates decision along with Second Circuit precedent, [9] recognizing that "cases subsequent to [the Sam Spade decision] have allowed copyright protection for characters who are especially distinctive. And (2) this evidence of intent is relevant to counter Defendants' claim of independent creation. In the Honda commercial, the villain is dropped down to the moving car and is suspended from the helicopter by a cable. Emphasis added); Warner Bros. Inc. American Broadcasting Cos., 720 F. 2d 231, 235 (2d Cir. United States v. King Features Entertainment, Inc., 843 F. 2d 394, 399 (9th Cir. Defendants claim that the commercial depicts a generic action scene with a generic hero, all of which is not protected by *1298 copyright. Key points from both constitutions (add to your notes): – The U.

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