James Bond In A Honda Crossword Answer Key

"The Judicial Branch Video Viewing Guide" Part 1 We will watch a video illustrating the trial process. Defendants' Summary Judgment Motion. The amount that may be used diminishes the less the purpose is to critique the original and the more that the parody serves as a substitute for the original. A grotesque villain with metal-encased arms[2] jumps out of the helicopter onto the car's roof, threatening harm. 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. " Moreover, the Court notes that Plaintiffs have shown they have been specifically harmed by the continued airing of Defendants' commercial in two ways: (1) prolonged lost licensing revenue (purportedly in the millions of dollars); and (2) dilution of the copyrights' long-term value. Plaintiffs point to various character traits that are specific to Bond i. e. his cold-bloodedness; his overt sexuality; his love of martinis "shaken, not stirred;" his marksmanship; his "license to kill" and use of guns; his physical strength; his sophistication some of which, Plaintiffs' claim, appear in the Honda commercial's hero. 826, 106 S. 85, 88 L. 2d 69 (1985). Metro-Goldwyn-Mayer v. American Honda Motor Co., 900 F. Supp. Finally, as a separate defense to copyright infringement, Defendants claim that their use of Plaintiffs' work is protected under the fair use doctrine, which protects parodies, for example. See Stolber Depo., at 81:9-84:2. NP Jessica cared for her patient and would do everything for him to keep him. Click to expand document information. 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.

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  3. James bond in a honda crossword answer key
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As the concept evolved into the helicopter chase scene, it acquired various project names, one of which was "James Bob, " which Yoshida understood to be a play on words for James Bond. Kamar Int'l, Inc. Russ Berrie and Co., 657 F. 2d 1059, 1062 (9th Cir. Plaintiffs move to enjoin Defendants' commercial pending a final trial on the merits, and Defendants move for summary judgment. The Court DENIES this request for the following reasons: First, when Plaintiffs initially responded to Defendants' interrogatories and document requests, Plaintiffs objected on the ground that these requests were overbroad or irrelevant. Next, Defendants claim, as they did in opposing Plaintiffs' preliminary injunction motion, that the similarities between the works alleged by Plaintiffs are not protectable under copyright law. Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e. g., in search results, to enrich docs, and more. 11 BELLRINGER 2/2 What is the correct order of Florida's courts, from lowest to highest authority? As it is, Defendants had a week to analyze these documents in time to file their reply papers by March 6, 1995. Second, there is sufficient authority for the proposition that a plaintiff who holds copyrights in a film series acquires copyright protection as well for the expression of any significant characters portrayed therein. This version of the commercial was shown during the Superbowl, allegedly the most widely viewed TV event of the year. Again, by the February 10, 1995 agreement, the Court may rely on these declarations as it sees fit. Plaintiffs' Opening Memo re: Preliminary Injunction Motion, at 32. 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.

James Bond 007 Car

In addition, David Spyra, Honda's National Advertising Manager, testified the same way, gingerly agreeing that he understood "James Bob to be a pun on the name James Bond. " See Fisher v. Dees, 794 F. 2d 432, 438 (9th Cir. Co. Zenith Radio Corp., 475 U. 756 (1955) (evidence at bar suggesting that assignment from author to plaintiffs did not include copyrights to author's characters) [the Sam Spade case]). Accordingly, Plaintiffs should prevail on this issue. Because Defendants concede in their summary judgment motion that Plaintiffs own the rights to the sixteen films at issue here, the Court does not believe that Plaintiffs intended to deliberately withhold these documents from the defense; it appears instead that Plaintiffs honestly did not believe ownership to be a contested issue.

James Bond In A Honda Crossword Answer Key

Senate of State of California v. Mosbacher, 968 F. 2d 974, 977 (9th Cir. Specifically, film historian Casper explains how the James Bond films represented a fresh and novel approach because they "hybridize[d] the spy thriller with the genres of adventure, comedy (particularly, social satire and slapstick), and fantasy. Pasillas v. McDonald's Corp., 927 F. 2d 440, 442 (9th Cir. Third, the Court must look to the quantitative and qualitative extent of the copying involved. G., Warner Bros. Inc., 654 F. 2d at 208 (holding that access to Superman character assumed based on character's worldwide popularity). Peter Pan Fabrics, Inc. Martin Weiner Corp., 274 F. 2d 487, 489 (2d Cir. After the "trial, " students examine evidence and play the role of jurors. Thus, the Court believes that Plaintiffs will likely succeed on their claim that their expression of the action film sequences in the James Bond films is copyrightable as a matter of law.

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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. Defendants' Opposition Memo re: Preliminary Injunction Motion, at 22 (citing Warner Bros. Pictures, Inc. Columbia Broadcasting System, Inc., 216 F. 2d 945, 949-50 (9th Cir. 6] Indeed, there is a notable difference in the backgrounds of the parties' experts. Interpreting the Constitution. And third, any claim that Plaintiffs abandoned or waived their rights in the James Bond character must be accompanied by a showing of an "intentional relinquishment of a known right with knowledge of its existence and the intent to relinquish it. " As the Ninth Circuit explained in Shaw: "Because each of us differs, to some degree, in our capability to reason, imagine, and react emotionally, subjective comparisons of literary works [and films] that are objectively similar in their expression of ideas must be left to the trier of fact. " 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. Rich, extensive materials included (such as script, activity instructions, crossword puzzles, and simulation handouts). See Anderson, 1989 WL 206431, at *6-7 (identifying two views and citing 1 M. Nimmer, The Law of Copyright, § 2-12, at 2-176 (1988) (interpreting Air Pirates as limiting the "story being told" test to word portraits, not graphic depictions)).

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2] Defense counsel argued at the hearing that the villain's arms were normal and merely gloved. See Pfeiffer and Lisa, The Incredible World of 007, at 8 ("[Despite the different actors who have played the part] James Bond is like an old reliable friend. The first 3 words have been done for you. There have been no Ninth Circuit cases on the protectability of visually-depicted characters since Olson, and therefore, it behooves this Court to analyze James Bond's status under the Sam Spade/Olson/Ninth Circuit "story being told" test, as well as under the Air Pirates/Second Circuit "character delineation" test. The basic structure of the Florida state courts is outlined within these two sentences. 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. 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. To demonstrate access, the plaintiff must show that the defendant had "an opportunity to view or to copy plaintiff's work. " Plaintiffs view their films as just such core-predictable work, while Defendants see their work as generic, spy thriller fare. Recommended textbook solutions. Where the appropriation involves "mere duplication for commercial purposes, " market harm is presumed. Complete the rest of the activity sheet in your pairs.

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Plaintiffs Own The Copyrights To The James Bond Character As Well As The 16 Films At Issue. "The Trial Process Overview" Student Activity Sheet Directions: In your pairs, for each trial step, summarize the section in your own words using complete sentences. Moreover, Defendants claim that their intent is irrelevant in determining whether their commercial infringes or not. 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. Defendants' Motion Fails On Its Merits. Under Rule 56, a non-moving party must set forth specific facts showing that there exists a genuine issue of material fact for trial. 539, 547, 105 S. 2218, 2223, 85 L. 2d 588 (1985) (citing 17 U. C. § 107). 1299 In sum, the extrinsic ideas that are inherent parts of the James Bond films appear to be substantially similar to those in the Honda commercial. 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. On the other hand, Defendants assert that, like Sam Spade, James Bond is not the "story being told, " but instead "has changed enormously from film to film, from actor to actor, and from year to year. " Original Title: Full description. 2) Substantial Similarity Test. The Summary Judgment Standard. Thus, the Court FINDS that the instant case, which involves a careful visual delineation of a fictional character as developed over sixteen films and three decades, requires greater protection of the fictional works at issue than that accorded more factually-based or scientific works.

That was not there in the subtype of the spy thriller films of that ilk hitherto. " Furthermore, expert Margolin goes through an extrinsic test analysis of the differences between Plaintiffs' films and the Honda commercial. In 1992, Honda's advertising agency Rubin Postaer came up with a new concept to sell the Honda del Sol convertible with its detachable rooftop. 1981) (comparing Superman and the "Greatest American Hero" character and concluding that they are not substantially similar). Id., ___ U. at ___, 114 S. at 1171. Defendants argue that these elements are naturally found in any action film and are therefore unprotected "scenes-a-faire. Actual production for the commercial did not begin until after July 8, 1994, when Honda reapproved the concept.

1] Plaintiffs *1291 are ORDERED to post a bond in the amount of $6, 000, 000 for this preliminary injunction to issue. 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. Judges: Playing Fair. Start the jury process over again. It is well-settled in this circuit that once a copyrightholder has shown a likelihood of success on the merits based on access and substantial similarity, irreparable injury is presumed, warranting a preliminary injunction. Moreover, as discussed more specifically below, the Honda Man's character, from his appearance to his grace under pressure, is substantially similar to Plaintiffs' Bond. Did you find this document useful?

Mon, 29 Jul 2024 17:58:06 +0000