5. Copyright: Artist retains the copyright to all works commissioned by Collector that was created by Artist, including all reproduction rights and the right to claim statutory copyright. No artwork may be reproduced or altered without the written consent of the Artist.…
Furthermore, the illustration on the appendix 1 demonstrates that Mattel Inc., was in the leading position in market share among the members in the European Union in 2011. Followed by Lego which owns a total market share on 8.32 %, which is approximately 1.76 % lesser then Mattel Inc. Additionally, it was only a very short brief for Mattel Inc., to be in this position, as a recent article from September 2014 highlights Legos which has left their competitor, Mattel Inc. behind. With this in mind the success relies mainly on two reasons. Firstly, Lego achieved this position while inventing and launching “The Lego Movie” in February 2014, which became a huge hit. Secondly, in the same year Mattel Inc. experienced a weak sale on their Iconic…
This paper will discuss an alternative dispute resolution (ADR) clause that might be used by a Learning Team to resolve a disagreement among members. This paper will identify all provisions and information necessary to enable the ADR to occur and function effectively.…
The case I covered was JI v. BOSE CORPORATION and WHITE/PACKERT INC. In 2004, a model named Ping Ji, was assigned to do a photo shoot by her agency for a photographer names White. Ji 's contract with her agency spelled out a limited use of her image. She was paid $1,000 dollars for the photo shoot. On the day of the shoot, the photographer had her sign a release that gave him permission to use her image in ways that went beyond her contract with her agency.…
In the trial of walt disney versus eric faden, I believe that the defendant is innocent. I believe that his work was fair use and i believe this to be true for many reasons.…
Harper and Row Publishers, Inc. (Harper) (Plaintiff) obtained the rights to publish President Ford’s memoirs, A Time to Heal, in a Time Magazine article. However, the Nation Magazine produced an unpublished article in their magazine, with approximately 300 words from his, President Ford’s, original manuscript. Harper and Row Publishers, Inc. sued the Nation Magazine for violations of the Copyright Revision Act of 1976. The jury and the district court said that Nations…
Under United States copyright law, any art that is made within the scope of an artist’s employment is considered work made for hire. See Cmty. for Creative Non-Violence v. Reid, 490 U.S. 730, 737 (1989). In Reid, the Court distinguished between two types of hired artists: employees and independent contractors. Id. at 736. Artwork made by an employee is a work made for hire, while work made by an independent contractor is not. Id. The Court then established thirteen possible factors that, while not individually determinative, should be considered when determining if an artist was an employee or independent contractor. Id. at 752. The importance of specific factors depends on the facts of the case. Id. For example, in Reid, the location of the…
* How should these intellectual property rights of people who create images, videos, and music be protected? Why is it necessary?…
Mattel sued the band, saying they violated the Barbie trademark and turned Barbie into a sex object, referring to her as a "Blonde Bimbo."[1] They alleged the song had violated their copyrights and trademarks of Barbie, and that its lyrics had tarnished the reputation of their trademark and impinged on their marketing plan. Mattel also claimed that the cover packaging of the single used "Barbie pink", a trademarked color owned by Mattel.[2] Aqua claimed that Mattel injected their own meanings into the song's lyrics and MCA Records was not about to let their hit single be suppressed without a fight. They contested Mattel's claims and countersued for defamation after Mattel had likened MCA to a bank robber.[3]…
According to Ginsburg, J., “It is the general rule under United States patent law that no infringement occurs when a patented product is made and sold in another country. There is an…
In a 1984 Supreme Court hearing, defendant, Sony Corporation of America was being sued by Universal City Studios, Inc. The case was known as the "Betamax" case and ruled that the creation of copied television shows for purposes of time-shifting is in fact fair use. This included the manufacturers of home video recording equipment such as Betamax and other video tape recorders to not be held liable for any infringement. The courts came to this conclusion to form a general test to assist in determining whether or not a device with recording capabilities is infringing the law of copyright. This test has caused some disputes with other courts throughout the nation in utilizing the case to challenge…
The Walt Disney Company, founded in 1923, has been revolutionary in the American animation industry with the debut of Mickey Mouse in Steamboat Willie to be the very first cartoon ever with synchronized sound. In 1954, the company expanded and developed its very own television program known as The Wonderful World of Disney. Later on in the decade, the company further expanded beyond film and television to open amusement parks featuring characters from their beloved film and television series. Since then the company has further grown, deriving revenue from entertainment assets and consumer products and foods aimed at children.…
The main character in Charlotte P.Gilman’s short story “The Yellow Wallpaper”, narrates her own life and describes her struggle with depression which by the end of the story evolved into insanity. Narrator’s husband, John, treats her like a small child, forbids her to express herself, and keeps her bound to restricted room. Due to her husbands actions she becomes physically, emotionally and socially isolated, which ultimately made her insane.…
Phyllis Cole states that Margaret Fuller has not received nearly as much attention from early and modern feminist scholars for her integral role in the feminist movement’s history due her intellectually complex writing style.…
Feminism and liberty is relatively new to history. Fuller was brave and confident enough to step up for the first time in America’s history, to write a full text on feminist movement. She explains in her text that men and women are not different, deep inside our souls. No one is a full-masculine man nor a full-feminine woman. We actually inherit both sides. In her text, she uses variety of ethos and logos to explain her reasons and evidence. Fuller claims that we can win against the social labels, if each of us could choose to become who we want to be. Fuller’s text states that in order to achieve freedom in America, we must overcome the barriers of race, religion, and gender.…