Bus 154 case 2 - Marder v Lopez 450 F.3d 445 FACTS...

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Marder v. Lopez 450 F.3d 445 FACTS: Paramount Pictures Corporation filmed the movie Flashdance that was based off of the life of a nightclub dancer, Maureen Marder. Paramount paid Marder $2,300 for the information about her life and in return Marder signed a general release contract. The movie was released; it grossed over $150 million in box office. Afterwards, Sony Music Entertainment paid for release of copyright to Paramount Pictures to produce a music video for song “I’m Glad” by Jennifer Lopez. Marder viewed the music video as a breach to her contract with Paramount due to the music video having well known scenes of Flashdance . Marder filed a lawsuit against Paramount, Sony, and Lopez in U.S. District Court for allegedly violating her copyrights. She claimed to have rights as co-author and co-owner of Flashdance . However, the U.S District Court dismissed her claim. Marder appealed her claim. ISSUE: Can the general release contract Marder signed be enforced? LAW: Rule 12(b)(6) of Federal Rules Of Civil Procedure states every defense to a
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Unformatted text preview: claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert a failure to state a claim upon which relief can be granted. ANALYSIS: The General Release Contract that Marder signed with Paramount is the “abandonment, relinquishment or giving up of a right or claim to the person against whom it might have been demanded or enforced . .. and its effect is to extinguish the cause of action.” Marder releases and discharged Paramount of any connection of Flashdance . Therefore, Marder do not have any copyrights or any obligations involving Flashdance forward of her agreement with Paramount after receiving $2,300. CONCLUSION: The General Release Contract Marder signed with Paramount remains valid. The U.S Court barred Marder from bringing any infringement claim against Paramount, Sony, and Lopez. The claim was dismissed because Marder cannot bring proof of copyright ownership....
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  • Fall '14
  • Pleading, Jennifer Lopez, Paramount Pictures, Marder, Maureen Marder, release contract marder

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