Clause & Effect <b>Film-Option Agreements/Theatrical Release.
The U.S. Court of Appeals for the Ninth Circuit found a genuine issue of material fact existed as to whether a film-option agreement required a film to be released initially in theaters. LaHaye v. Goodneuz Group LLC, 04-55839. Rev. Tim LaHaye, co-author of the Christian-book series 'Left Behind,' had filed suit against a production company over a film based on one of the books. The appeals court first found in its unpublished opinion that there…
Is 'No Use' Always a 'Fair Use'?
In order to avoid liability for trademark infringement relating to the sale of keywords corresponding to trademarks, search engines, including Google, are attacking the concept that trademark owners should be able to protect the 'commercial magnetism' of their marks. Recently, in <i>Rescue.com v. Google, Inc.</i>, No. 5:04-CV-1056 (N.D.N.Y.), Google argued that the trademark laws 'are not meant to protect consumer good will [sic] created through extensive, skillful, and costly advertising.' Google's Reply Brief at 4 n.4 (2005) (citing <i>Smith v. Chanel, Inc.</i>, 402 F.2d 562, 566 (9th Cir. 1968)).
CA High Court Sides With 'Friends' Writers
Script writers for both television sitcoms and dramas have been given the license to be as raunchy as they like during the creative process ' as long as their raw talk doesn't single out specific people as the butt of the jokes. In a case that put the entertainment and publishing industries on edge ' and had some Hollywood honchos speaking out ' the California Supreme Court unanimously ruled that sexually coarse and vulgar language is often a necessary part of the creative process when producing a hit TV show. <i>Lyle v. Warner Brothers Television Productions</i>.
'Da Vinci Code' Case Stretched Legal Thinking On What Can Be Protected By Copyright
The common wisdom before, and during, the London copyright infringement trial over Dan Brown's book 'The Da Vinci Code' (DVC) was that the plaintiffs Michael Baigent and Richard Leigh would lose because an idea cannot be copyrighted. And the plaintiffs did lose. <i>Baigent v. Random House Group</i>. Some even suggested the plaintiffs sued only to bolster the sale of their own book, 'Holy Blood, Holy Grail', which is what happened ' though High Court Justice Peter Smith ordered the plaintiffs to pay $1.75 million in legal costs. The number of additional copies the authors will have to sell to earn enough royalties to pay that amount is high. Still, the case was one of those signal attempts to reconsider exactly what authorship is for copyright law purposes.
Speak No Evil
An age-old question of Internet law has heated up the intrastate rivalry between Philadelphia and Pittsburgh, but this time it's not sports teams or gubernatorial candidates; it's judges. Yes, judges.<br>The question: When can an anonymous Internet speaker accused of defamation be unmasked? The combatants: Judge Albert Sheppard of Phila-delphia and Judge R. Stanton Wettick of Pittsburgh ' two of Pennsylvania's most respected jurists. If Pennsylvania can be split on the issue, so can other states. Which argument is correct?
Wikipedia Creates Concerns Aplenty About the Web's Reliability
Although the online encyclopedia Wikipedia recently added its 1 millionth English-language article, controversy over the value of its content continues. Concerns arise because Wikipedia has no single editor, and anyone (or virtually anyone) can add a new entry or edit an existing one. <br>Reliability concerns are in no way limited to Wikipedia, but pervade legal research done on the Internet.
Litigating Matrimonial Cases
The litigation system we inherited is not well-suited to resolving marital disputes. Those of us who have litigated divorces for decades have come to understand that litigation is not the preferred route to deciding marital discord. Most family court judges overtly state that the litigants would be better served by an amicable resolution reached after each spouse's needs have been considered rather than a contested trial. In fact, one court of appeals judge in California has noted that 'family law court is where they shoot the survivors.'
Clearing Up Executive Compensation
The U.S. Securities and Exchange Commission (SEC) published its proposal to revamp the rules governing the disclosure of executive and director compensation on Jan. 27, 2006. The proposed rules stand to significantly alter the compensation disclosure requirements applicable to registration statements, proxy statements, annual reports and Form 8-Ks, and are intended to ensure that investors receive disclosure that is 'clearer and more complete.' The regulations are the first attempt at a major overhaul of compensation disclosure since 1992 and were proposed in response to the widespread criticism that the current disclosure requirements do not engender a complete and accurate description of executive pay packages. <br>The proposal, to adapt the old saying, combines something old, something new and something borrowed.
Trademark Protection for Characters After Copyright
As the copyright terms of many iconic, character-based works of the 20th century near closure, owners of these works face the question as to what extent they can enjoy exclusive rights in the characters they have created. Included is Disney's Mickey Mouse, first introduced in the short animated film 'Steamboat Willie' in 1928. Enterprising third parties raise the related question: Does the expiration of copyright mean these works and characters can be freely exploited? Once a copyright term lapses, an original work is said to pass into the public domain, available for all to freely copy and exploit. However, continued trademark protection for a character may delay or complicate the character's passage into the public domain. A careful analysis of fundamental principles of trademark and copyright law and relevant case law illuminate certain legal guideposts for navigating through the complexities of character protection.