Full Sail Connect: Case Study
SECTION 1
Under which organization would you find the library section in Full Sail Connect?
1. I can find the library a couple of different ways. The one I always use if going to Full Sail Connect and scrolling down the bookmarks. I can also go to “organizations” and click on “L” and scroll down until I see the library .
How can you suggest items to be purchased by the library?
2. If you would like to request an item be purchased then you would need to click on the “Purchase Suggestions” at the top of each page. You will be required to put the ISBN/ASIN and the title on the form.
Can you request contents of the library be mailed to you?
3. Yes, you can get things from the library physically mailed to you. All you need to do is first …show more content…
submit a request for an online profile with the library. To do this, you will need to send your name, student number, full mailing address, telephone number, and Full Sail email address to library@fullsail.com. Once you have access to your online library profile, you may search the catalog for available items and click the “Add to cart” link on the item record. Once you are done you will send your cart to library@fullsail.com. Once they process the request you will receive an email when the item or items have shipped. They will also include a prepaid return shipping label to send the items back.
What are the six resources listed under the library tab?
4. The six resources are: KOHA Library Catalog, Research Databases, Lynda.com, Additional Resources, Tutorials, and Faculty.
List 5 of the online research databases. (Any 5 will do)
5. Five online research databases are: EBSCOhost, AP Images Collection (EBSCOhost), Business Source Complete (EBSCOhost), LexisNexis® Academic, and Music Online (Alexander Street Press).
Section 2
1.
Who are the parties involved in this case and what is the issue?
A. The plaintiff is Johnny and Edgar Winter who are two albino brothers that were well known musicians. The defendant is DC Comics. The problem or issue is the two brothers who were musicians allege causes of action including appropriation of their names and likeness of themselves in the DC Comics. The comics depict fictionalized singing cowboys who the Winter brothers say is similar to themselves. DC Comics was seeking protection under the first amendment. The court of appeals ruled against DC Comics. Edgar Winter appealed the decision of the court of appeals and he then escalated the allegations to the Supreme Court. The Supreme Court ruled in favor of DC Comics under the first amendment.
B. The plaintiff is Comedy 3 Productions, Inc. and the defendant is Gary Saderup, Inc. The problem is that Gary Saderup, Inc. made a charcoal drawing of the Three Stooges and sold lithographed copies of the sketch of that had very similar likeness of three deceased actors; they also made them into T-shirts bearing the reproduction of the sketch. Comedy 3 Productions, Inc. brought an action against Gary Sanderup the artist and his corporation because he was making a considerable profit without getting the okay from Comedy 3. Comedy 3 Productions was seeking damages and injunctive relief for infringement of the right of publicity. The defendant, Gary Saderup, Inc., objects to the plaintiffs’ claim for he believes he is protected under the First
Amendment
2. What area of the law does this case cover? Describe the elements that support your answer.
A. The area of law this case covers is Misappropriation and Right of Publicity. The defendants, DC Comics who created cartoons (Jonah Hex) that had two characters similar to the two musicians. Edgar Winter, the plaintiff, claimed their right of publicity was violated. The cartoons were distorted and they felt their likeness was misappropriated. Edgar Winter, the plaintiff, claims they did not grant permission for DC Comics to use their likeness. The plaintiffs are upset because of the similarities and the way they are portrayed as evil.
B. The Right of Publicity is the area of law that this case covers. The defendant, Gary Saderup, Inc., sold t shirts and lithographs of the Three Stooges that he drew without any permission to use the subjects. The defendant argued that he has the right under the first amendment. This is similar to Andy Warhol. He takes subject matters and makes drawings and paintings of famous people. He does change the images to make them more his own work. He puts creativity into the pieces of art that would not normally be there. Gary Sanderup did not take the same creative edge as Warhol. The courts did not rule in his favor, due to the work being reproduced and not original. His work did not warrant first amendment protection because it did not show any significant transformative elements.
3. Based on the facts of the case and the area of law covered, do you think this a valid claim?
A. I am on DC Comic side. However, I think it is a valid claim from the two musicians because they felt as they were being represented in a horrible light from DC Comics. I think the brothers had a reason to be upset, but as you dive deeper into the comics you realize that they weren’t actually using the brothers as themselves at all. The reason is maybe the brothers were inspiration for the comics. We all find inspiration in people and things when designing graphics. The brothers feel that they DC comics made the characters very similar to them. They felt like they had been violated and that the DC Comics had portrayed them in a bad way by making them look stupid, awful and not only that but made them villains who engage in violence. It’s understandable that they do not want their likenesses portrayed in such manner. However, I do feel DC Comics did their due diligence because the characters were very distorted. The names were different and if anything I just think they took inspiration from the singers, but that they weren’t actually making them characters in the comics. So in another way I feel like it wasn’t a valid claim because how could you sue someone that isn’t using your picture, image, name and etc. I feel like you can’t sue someone who uses you as an inspiration.
B. I do think that Comedy 3 Productions had a valid claim because they own the rights to the deceased personalities. They get to decide who uses the deceased personalities to make a profit. They did not give Gary Sanderup Inc. the permission to use the deceased on t-shirts or in any art form and then to make money off of them. This is a complete violation of the right of publicity law. The law states that any person without consent uses a deceased personality's name, voice, signature, photograph, or likeness, either on or in a product, or in advertising or selling a product. The defendant should not have been able to make a profit off of the deceased personalities without permission. Had he taken a creative edge to his work and changed things then I think the outcome might have been different.
4. If there was an outcome, do you agree?
If there was not an outcome, what do you think should happen?
Why? Provide supporting information for why you feel this way.
A. The outcome was the comic books are entitled to First Amendment protection. Comic books contain creative elements that transform the characters into something completely different. They also might take inspiration from celebrities. I am sure Pamela Anderson at one time was an inspiration to comic book illustrators. I agree with the courts verdict that the defendants; DC Comics produced creative characters, not pictures of the plaintiffs. They also didn’t have the same personalities of the brothers. I think that the protection of the First Amendment is correct because the defendant; DC Comics adhered to the Right of Publicity law by creating original work. Who would we be as designers if we couldn’t take inspiration from others. We aren’t stealing work when we use things as inspiration.
B. The outcome was, the trial court ruled in favor of Comedy 3 for $225,000 and granted an injunction against Saderup. The injuctions further prohibited Gary Sanderip from creating anything of The Three Stooges or any of the individual members of The Three Stooges. Saderup appealed, and the appellate court upheld the award of damages.
5. Why was the conclusion in the Jonah Hex case different from the Three Stooges case?
The difference between the two cases is DC Comics made a lot of different changes and adjustments to the characters that it was hard to actually say that those characters were the brothers in the comics. In Sanderups case he did not take any creativity to change the characters at all.
WINTER V. DC COMICS
30 Cal.4th 881; 134 Cal.Rptr.2d 634; 69 P.3d 473 [June 2003]
COMEDY III PRODUCTIONS, INC. v.
GARY SADERUP, INC.
25 Cal.4th 387; 106 Cal.Rptr.2d 126; 21 P.3d 797 [Apr. 2001]
Under which organization would you find the library section in Full Sail Connect?
1. I can find the library a couple of different ways. The one I always use if going to Full Sail Connect and scrolling down the bookmarks. I can also go to “organizations” and click on “L” and scroll down until I see the library .
How can you suggest items to be purchased by the library?
2. If you would like to request an item be purchased then you would need to click on the “Purchase Suggestions” at the top of each page. You will be required to put the ISBN/ASIN and the title on the form.
Can you request contents of the library be mailed to you?
3. Yes, you can get things from the library physically mailed to you. All you need to do is first …show more content…
submit a request for an online profile with the library. To do this, you will need to send your name, student number, full mailing address, telephone number, and Full Sail email address to library@fullsail.com. Once you have access to your online library profile, you may search the catalog for available items and click the “Add to cart” link on the item record. Once you are done you will send your cart to library@fullsail.com. Once they process the request you will receive an email when the item or items have shipped. They will also include a prepaid return shipping label to send the items back.
What are the six resources listed under the library tab?
4. The six resources are: KOHA Library Catalog, Research Databases, Lynda.com, Additional Resources, Tutorials, and Faculty.
List 5 of the online research databases. (Any 5 will do)
5. Five online research databases are: EBSCOhost, AP Images Collection (EBSCOhost), Business Source Complete (EBSCOhost), LexisNexis® Academic, and Music Online (Alexander Street Press).
Section 2
1.
Who are the parties involved in this case and what is the issue?
A. The plaintiff is Johnny and Edgar Winter who are two albino brothers that were well known musicians. The defendant is DC Comics. The problem or issue is the two brothers who were musicians allege causes of action including appropriation of their names and likeness of themselves in the DC Comics. The comics depict fictionalized singing cowboys who the Winter brothers say is similar to themselves. DC Comics was seeking protection under the first amendment. The court of appeals ruled against DC Comics. Edgar Winter appealed the decision of the court of appeals and he then escalated the allegations to the Supreme Court. The Supreme Court ruled in favor of DC Comics under the first amendment.
B. The plaintiff is Comedy 3 Productions, Inc. and the defendant is Gary Saderup, Inc. The problem is that Gary Saderup, Inc. made a charcoal drawing of the Three Stooges and sold lithographed copies of the sketch of that had very similar likeness of three deceased actors; they also made them into T-shirts bearing the reproduction of the sketch. Comedy 3 Productions, Inc. brought an action against Gary Sanderup the artist and his corporation because he was making a considerable profit without getting the okay from Comedy 3. Comedy 3 Productions was seeking damages and injunctive relief for infringement of the right of publicity. The defendant, Gary Saderup, Inc., objects to the plaintiffs’ claim for he believes he is protected under the First
Amendment
2. What area of the law does this case cover? Describe the elements that support your answer.
A. The area of law this case covers is Misappropriation and Right of Publicity. The defendants, DC Comics who created cartoons (Jonah Hex) that had two characters similar to the two musicians. Edgar Winter, the plaintiff, claimed their right of publicity was violated. The cartoons were distorted and they felt their likeness was misappropriated. Edgar Winter, the plaintiff, claims they did not grant permission for DC Comics to use their likeness. The plaintiffs are upset because of the similarities and the way they are portrayed as evil.
B. The Right of Publicity is the area of law that this case covers. The defendant, Gary Saderup, Inc., sold t shirts and lithographs of the Three Stooges that he drew without any permission to use the subjects. The defendant argued that he has the right under the first amendment. This is similar to Andy Warhol. He takes subject matters and makes drawings and paintings of famous people. He does change the images to make them more his own work. He puts creativity into the pieces of art that would not normally be there. Gary Sanderup did not take the same creative edge as Warhol. The courts did not rule in his favor, due to the work being reproduced and not original. His work did not warrant first amendment protection because it did not show any significant transformative elements.
3. Based on the facts of the case and the area of law covered, do you think this a valid claim?
A. I am on DC Comic side. However, I think it is a valid claim from the two musicians because they felt as they were being represented in a horrible light from DC Comics. I think the brothers had a reason to be upset, but as you dive deeper into the comics you realize that they weren’t actually using the brothers as themselves at all. The reason is maybe the brothers were inspiration for the comics. We all find inspiration in people and things when designing graphics. The brothers feel that they DC comics made the characters very similar to them. They felt like they had been violated and that the DC Comics had portrayed them in a bad way by making them look stupid, awful and not only that but made them villains who engage in violence. It’s understandable that they do not want their likenesses portrayed in such manner. However, I do feel DC Comics did their due diligence because the characters were very distorted. The names were different and if anything I just think they took inspiration from the singers, but that they weren’t actually making them characters in the comics. So in another way I feel like it wasn’t a valid claim because how could you sue someone that isn’t using your picture, image, name and etc. I feel like you can’t sue someone who uses you as an inspiration.
B. I do think that Comedy 3 Productions had a valid claim because they own the rights to the deceased personalities. They get to decide who uses the deceased personalities to make a profit. They did not give Gary Sanderup Inc. the permission to use the deceased on t-shirts or in any art form and then to make money off of them. This is a complete violation of the right of publicity law. The law states that any person without consent uses a deceased personality's name, voice, signature, photograph, or likeness, either on or in a product, or in advertising or selling a product. The defendant should not have been able to make a profit off of the deceased personalities without permission. Had he taken a creative edge to his work and changed things then I think the outcome might have been different.
4. If there was an outcome, do you agree?
If there was not an outcome, what do you think should happen?
Why? Provide supporting information for why you feel this way.
A. The outcome was the comic books are entitled to First Amendment protection. Comic books contain creative elements that transform the characters into something completely different. They also might take inspiration from celebrities. I am sure Pamela Anderson at one time was an inspiration to comic book illustrators. I agree with the courts verdict that the defendants; DC Comics produced creative characters, not pictures of the plaintiffs. They also didn’t have the same personalities of the brothers. I think that the protection of the First Amendment is correct because the defendant; DC Comics adhered to the Right of Publicity law by creating original work. Who would we be as designers if we couldn’t take inspiration from others. We aren’t stealing work when we use things as inspiration.
B. The outcome was, the trial court ruled in favor of Comedy 3 for $225,000 and granted an injunction against Saderup. The injuctions further prohibited Gary Sanderip from creating anything of The Three Stooges or any of the individual members of The Three Stooges. Saderup appealed, and the appellate court upheld the award of damages.
5. Why was the conclusion in the Jonah Hex case different from the Three Stooges case?
The difference between the two cases is DC Comics made a lot of different changes and adjustments to the characters that it was hard to actually say that those characters were the brothers in the comics. In Sanderups case he did not take any creativity to change the characters at all.
WINTER V. DC COMICS
30 Cal.4th 881; 134 Cal.Rptr.2d 634; 69 P.3d 473 [June 2003]
COMEDY III PRODUCTIONS, INC. v.
GARY SADERUP, INC.
25 Cal.4th 387; 106 Cal.Rptr.2d 126; 21 P.3d 797 [Apr. 2001]