Strategies for Maximizing Campaigns for Movie Merchandise
September 29, 2009
The billions of dollars in movie merchandising profits reflect the incredible value of intellectual property. If a film is, for example, adapted from a book, or ' more commonly for merchandising in recent years ' a comic book or graphic novel, a movie studio must first obtain rights, either through assignment or more commonly licensing, from the literary work's author or owner. However, that does not mean the studio can begin production of action figures the next day.
The Virtual Museum
September 29, 2009
In the movie <i>Field of Dreams</i>, a mysterious voice assures the protagonist, a down-on-his-luck city-boy-turned-farmer named Ray played by Kevin Costner, that "if you build it, they will come." Today, however, in an age of instant, digital entertainment, curators of museums and historical sites must also wonder if anyone "will come" to their static displays to visit and donate ' and what will happen if they don't.
Actionable Trademark Infringement
August 27, 2009
The U.S. Court of Appeals for the Second Circuit has held that the sale of products lacking a unique serial number applied by a brand owner for anticounterfeiting and quality control purposes constitutes trademark infringement under federal law. This is so even if the removal of the code does not cause physical damage to an otherwise genuine product and consumers are not aware that the code has been removed.
Upcoming Events
August 27, 2009
Texas Bar 19th Annual Entertainment Law Institute<br>American Bar Association Forum on the Entertainment and Sports Industries Annual Meeting
Bit Parts
August 27, 2009
Alleged Oral Copyright License No Bar to Infringement Suit<br>Musical Compositions' Valuation Upheld<br>Song Suit Against Destiny's Child Sent to Trial
Cameo Clips
August 27, 2009
COPYRIGHT JURISDICTION/ REGISTRATION REQUIRED<br>COPYRIGHT OWNERSHIP/JOINT AUTHORS<br>KARAOKE RECORDINGS/COPYRIGHT DAMAGES<br>WEB SITE OPERATORS/PERSONAL JURISDICTION
Single-Publication Rule Applies to Publicity Claim
August 27, 2009
In a limited victory for publishers, the California Supreme Court ruled on Aug. 17 that the state's single-publication rule applies to the tort of appropriation of likeness. Christoff v. Nestl' USA, Inc., S155242. The ruling came in the case of a model who said Nestle USA used his face ' without his knowledge ' to sell Taster's Choice instant coffee for years.
Motown Magic Sues Willkie Farr for Fraud, Breach of Contract
August 27, 2009
Willkie Farr & Gallagher has been sued in federal court in Los Angeles by Lamont Dozier, the cofounder of songwriting and production team Holland-Dozier-Holland, which was behind hit Motown acts like The Supremes and The Isley Brothers. At issue: Willkie's role advising on an issuance of Bowie Bonds, the asset-backed security for song royalties sometimes called Pullman Bonds because they were popularized by the banker David Pullman, now chairman and CEO of The Pullman Group in New York.
Monster Magazine Covers in Biography Are Fair Use
August 27, 2009
In the movies, it seems that monsters are always up to no good ' making mayhem or setting fires. But in a federal court in Philadelphia recently, a couple dozen movie monsters made some important new law and set a few significant precedents in the area of copyrights and trademarks that may help to define the doctrine of fair use for years to come.
