IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - August 3, 2011


In This Issue:

Table of Contents:

•Jake Mandeville-Anthony v. The Walt Disney Company, et al.

•Marvel Worldwide, Inc. v. Kirby

•Twentieth Century Fox Film Corp. v. British Telecommunications PLC

Jake Mandeville-Anthony v. The Walt Disney Company, et al., USDC C.D. California, July 28, 2011

•District court grants defendant motion picture companies' motion for judgment on the pleadings and dismisses without leave to amend writer's claim for copyright infringement regarding "CARS" and "CARS 2", finding that defendants have sufficiently shown that the respective works are not substantially similar in their protectable elements as a matter of law. Court also dismisses plaintiff's claim for breach of implied contract as time barred by the statute of limitations.

Marvel Worldwide, Inc. v. Kirby, USDC S.D. New York, July 28, 2011

•District court grants motion for summary judgment in favor of plaintiffs, comic book publishers, against defendants, the heirs of comic book artist Jack Kirby, finding that the works at issue were works made for hire under the Copyright Act of 1909, and that the plaintiffs owned the copyrights in those works. Therefore, the court held that the Notices of Termination issued by the defendants purporting to revoke Kirby’s assignment of copyrights were ineffective.

Twentieth Century Fox Film Corp. v. British Telecommunications PLC, Royal Courts of Justice, High Court of Justice, Chancery Division, July 28, 2011

•Court issues order directing British Telecom, an internet service provider, to prevent access to Newzbin.com, a website that had been found by the court in a previous decision to be infringing on plaintiffs’ copyrights by distributing commercial content without their permission.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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