"James Bond in a Honda? G., New Line Cinema Corp. Bertlesman Music Group, 693 F. 1517, 1521 n. 5 (S. N. Y. 1] Plaintiffs *1291 are ORDERED to post a bond in the amount of $6, 000, 000 for this preliminary injunction to issue. 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. " 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.
Robert Stigwood Group, Ltd. Sperber, 457 F. 2d 50, 55 (2d Cir. 756 (1955) (evidence at bar suggesting that assignment from author to plaintiffs did not include copyrights to author's characters) [the Sam Spade case]). Defendants counter that Plaintiffs present no evidence that their commercial will dissuade viewers from watching the Bond films. Specifically, Defendants claim that James Bond has appeared in two films in which Plaintiffs hold no copyright "Casino Royale" and "Never Say Never Again" and therefore, Plaintiffs cannot have exclusive rights to the James Bond character. 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. Showing top 8 worksheets in the category - James Bond In A Honda. Evidence is usually supplied by expert testimony comparing the works at issue. Plaintiffs move to enjoin Defendants' commercial pending a final trial on the merits, and Defendants move for summary judgment.
In the Honda commercial, the villain jumps onto the roof of the Honda del Sol and scrapes at the roof, attempting to hold on and possibly get inside the vehicle. First, Plaintiffs do not assert that the character in either of the two "Casino Royale" productions is the same as their James Bond portrayal;[19] and second, Plaintiffs heavily litigated their right to enjoin "Never Say Never Again" from ever being made the fact that Plaintiffs lost that litigation does not mean that they waived their copyright claims, and Defendants have not cited, nor is the Court aware of, any case that stands for this proposition. 12] In Shaw, the Ninth Circuit noted, in comparing two screenplays, that the fact that both works were "fast-paced, have ominous and cynical moods..., and are set in large cities, " did not weigh heavily in the panel's analysis because "these similarities are common to any action adventure series. 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. 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)).
Defendants claim that their commercial was independently created, as evidenced from the Yoshida declaration stating that he was inspired not by James Bond, but by "Aliens. " 977, 108 S. 1271, 99 L. 2d 482 (1988) (requiring greater showing of similarity between factually-based works as opposed to between works of fiction). 11 Diagram the levels, functions, and powers of courts at the state and federal levels. 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. Second, the Court must recognize that "some works are closer to the core of intended copyright protection than others, " and thus are more deserving of protection.
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. Join to access all included materials. You are on page 1. of 1. It is Bond that makes a James Bond film as the following section bears out. A claim for copyright infringement requires that the plaintiff prove (1) its ownership of the copyright in a particular work, and (2) the defendant's copying of a substantial, legally protectable portion of such work. Nonetheless, this situation in the case at bar is different because the mood, setting, and pace of Plaintiffs' and Defendants' works can be visually compared, as opposed to merely compared in the abstract. 17] Plaintiffs also adequately explain the existence of a very Bond-like Diet Coke commercial that appears in Needham's film montage. However, Defendants argue that because Plaintiffs have not shown that they own the copyright to the James Bond character in particular, Plaintiffs cannot prevail. 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. Moreover, the sheer worldwide popularity and distribution of the Bond films allows the Court to indulge a presumption of access. 1303 Thus, based on the evidence before it, the Court FINDS as a matter of law that Plaintiffs own the copyright to the James Bond character as expressed and delineated in their 16 films. 18] Defendants also move to have Plaintiffs' remaining counts for false endorsement, false designation of origin, dilution of trademark and unfair competition, unfair business practices, and intentional and negligent interference with prospective business advantage, dismissed on the ground that these claims "rest on alleged substantial similarity between the Honda commercial and Plaintiffs' works.... " Defendants' Opening Memo re: Summary Judgment Motion, at 33. Again, by the February 10, 1995 agreement, the Court may rely on these declarations as it sees fit. 15] Plaintiffs are therefore likely to prevail on the "intrinsic test.
The Court ORDERS that Defendants, their agents, employees, representatives, and all others purporting to work, or working, on their behalf, be, and by this order are, enjoined from continuing to infringe on Plaintiffs' copyrighted works by displaying or exhibiting in any manner, or causing to be displayed or exhibited in any manner, the Honda del Sol commercial which is the subject of this action, in any medium, including network or cable television or movie theaters. Rich, extensive materials included (such as script, activity instructions, crossword puzzles, and simulation handouts). And third, the Sam Spade case, 216 F. 2d at 949-50, on which Defendants' rely, is distinguishable on its facts because Sam Spade dealt specifically with the transfer of rights from author to film producer rather than the copyrightability of a character as developed and expressed in a series of films.
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On 11/7/2004 at 11:20:21, a magnitude 4. Chronic obstructive pulmonary disease, unspecified (181). Click to Show More SEO Zip. Simpson County, MS Ranches for Sale. On 6/24/1975 at 11:11:36, a magnitude 4. Copyright © 2023 Hattiesburg Area Association of REALTORS®, Inc. All Rights Reserved. Jeff Daughdrill | Southern States Realty.