2009 Lecture 9 Actual

2009 Lecture 9 Actual - ENTERTAINMENT LAW University of...

Info iconThis preview shows pages 1–11. Sign up to view the full content.

View Full Document Right Arrow Icon
ENTERTAINMENT LAW University of Southern California Fall 2009 / Lecture 9 Prof. Michael Grizzi
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Alternative Sources of Entertainment Property Rights Artistic Credit Resolution of credit issue disputes: Contract law, when the parties have entered into agreements concerning credit Statutory and common law, when the parties have not entered into such agreements
Background image of page 2
Credit Issues Questions that can arise: Does a contract exist that requires granting credit? What remedies are available if contractual credit provisions are breached? Is there judicial review of credit determinations made by arbitrators?
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Gold Leaf Group, Ltd. v. Stigwood Group, Ltd. (unpublished opinion – Sup. Ct. N.Y, County (1978) Facts of case Contract required: “sole star billing” above the title of the photoplay for Peter Frampton PETER FRAMPTON BEE GEES in SGT. PEPPER'S LONELY HEARTS CLUB BAND Advertising for the movie and sound recording: PETER FRAMPTON BEE GEES in SGT. PEPPER'S LONELY HEARTS CLUB BAND
Background image of page 4
Be careful what you wish for Court: “… the billing provision of a contract is material in that it is not just a matter of status or prestige, but serves to protect and enhance the future marketability and commercial value of a star performer …”
Background image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Misattribution of credit under the Lanham Act What’s the Lanham Act? §43 (15 U.S.C. §1125). “(a) (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which–
Background image of page 6
(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person …. … shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.”
Background image of page 7

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Smith v. Montoro , 648 F.2d 602 (9 th Cir. 1980) Facts of case Court: “reverse passing off”: when a wrongdoer removes the name or trademark on another party’s product and sells that product under a name chosen by the wrongdoer Court said Montoro’s actions were wrong as a policy matter because “it involves an attempt to misappropriate or profit from another’s talents and workmanship”
Background image of page 8
Was “Paul Smith” too difficult to pronounce? The rationale in Montoro relies on the assumption that “origin” within the meaning § 43(a) extends to the originator of a creative or communicative work.
Background image of page 9

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
I smell a RATT Lamothe v. Atlantic Recording Corporation , 847 F.2d 1403 (9 th Cir. 1988) Facts of case Court: “misbranding a product to only partially identify its source is the economic equivalent of passing off one person’s product under the name or mark of another.”
Background image of page 10
Image of page 11
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 12/04/2009 for the course LAW ENTERTAINM taught by Professor Grizzi during the Fall '09 term at USC.

Page1 / 39

2009 Lecture 9 Actual - ENTERTAINMENT LAW University of...

This preview shows document pages 1 - 11. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online