132 terms

Entertainment Law & Licensing Final

STUDY
PLAY

Terms in this set (...)

the US copyright act closely resembles which document
the statute of anne
True or False: a simple idea can be copyrighted
false
What years were major revisions made to the US Copyright law
1909 & 1976
True or False: a mere fact can be copyrighted
false
In the United States, a person's intellectual property rights are established by which section of the Constitution?
Article 1, Section 8, Clause 8
The language in the Constitution that refers to "Authors and Inventors" and "writings and discoveries" most closely corresponds to...
copyrights and patents
intellectual property most closely resembles real property in that...
it grants the owner a legal monopoly; it grants the owner the right to exclusive enjoyment of the possession
The formulae to Coca Cola, WD-40, and Chanel No. 5 are all examples of...
trade secrets
The names Coca Cola, WD-40, and Chanel No. 5 are all examples of
trademarks
True or False: Architectural works had copyright protection as early as the original copyright act of 1790?
False
The phrase "mechanical royalty" was derived from
the player piano; the fact that the music is mechanically reproduced
Domain names, such as www.musicattorney.biz, are assigned and administered by...
ICANN
Who said that ideas, like fire or the air that we breathe, "should freely spread from one to another over the globe," and therefore cannot be the subject of property rights?
Thomas Jefferson
Jefferson and Madison had concerns about creating a monopoly in intellectual properties. Which of the following most accurately represents their concerns?
can serve to impede first amendment rights
"Moral Rights" in intellectual property, established by the Article 6 of the Berne Convention, give the creator the right to...
claim authorship in the work; object to any distortion or modification of the work
The person who handles the process of choosing, negotiating, and incorporating pieces of music into visual media, and acting as a liaison between the creative and business ends of this process is called a...
music supervisor
Research and selection of music and composers; overseeing of film spotting, live music scenes, music editing and mixing; acquisition and delivery of all music rights to distributors; establish and maintain a music budget for project
music supervisor
a unilateral contract is a "one-way" contract. One perfect example of a unilateral agreement is...
the language on a stub of a parking garage
the essential elements of a valid contract are...
offer and acceptance; consideration; a legal purpose and capacity to contract
Oliver leaves a note in Juan's mailbox which states: "I'll mow your yard on Friday for $50." Juan calls Oliver's cell phone and leaves the following voicemail: "Oliver, I'll pay you $75 to mow my yard on Saturday." Do Oliver and Juan have an enforceable contract? What concepts does this illustrate?
No; mirror image rule and counter offers
LeAnne Rimes' dispute with Curb regarding her first recording agreement was used in class as an example of
a voidable contract; potential ratification of an otherwise voidable contract
In the movie "My Cousin Vinny", Lisa Marie's contract with JT to pay her $200 if she won a game of pool is void because
its a gambling contract; its void against public policy; it involves an illegal activity
True or False: a staff writer is always exclusive to the publishing company for which he/she works
true
download of an MP3 implicates which exclusive right (assuming that the lyrics are not displayed)
distribution and reproduction rights
true or false: the rights in real property like houses and land are based on an entirely different construct than rights in intellectual property and, therefore, the two types of property are not at all alike
false
if a movie producer wants to use an existing sound recording as mood music in a new movie, the producer will need which of the following types of licenses?
a synchronization license from the owner of the sound recording and from the original songwriter
the made for television movie series "The Gambler" based on Kenny Rogers' recording of a musical composition of the same name is a perfect example of...
a derivative work; an adaptation
the copyright extension act of 1998, which extended the length of copyright protection from life+50 to life+75, was promoted heavily by...
Sonny Bono, Orrin Hatch, Disney Company
opponents of the 1998 copyright extension act referred to the amendment as...
the mickey mouse protection act; corporate welfare
making a "phonograph" recording of a musical composition implicates which one of the exclusive rights
right of reproduction
the provision of an artist's agreement with the record label that reduces the amount of mechanical royalties the label pays to the artist is called the...
controlled composition clause
true or false: the digital performance in sound recording act of 1995 did not apply to ephemeral performances of a sound recording
true
Eldred v. Ashcroft specifically challenged...
The Sonny Bono Copyright Term Extension Act
The Statute of Anne and the 1790 Copyright Act were enacted for which of the following reasons
encourage learned men to write books; publishers were publishing books without author's consent; to secure copies of maps, charts, and books
intellectual property is a right of ownership based on
natural rights; utilitarian rights; laws; statute
John Locke's philosophy was based on
natural rights
Jeremy Bentham's philosophy was based on
utilitarian ideas
US property rights are based primarily on
Jeremy Bentham's philosophy
Latch Key Kid was used in class as an example of
the multiple ways a single song can generate license fees
A metric developed by Marketing Evaluations, Inc. in 1964 to rank various categories by soliciting answers to the question "my favorite blank is blank"; a quotient obtained by surveying a couple thousand people
q score
a license is an agreement, or contract, which...
grants someone permission to do something
the underlying principles of celebrity endorsements can be found in...
Ivan Pavlov's theory of classical conditioning
typical terms of a license would include: the names and addresses of the licensor and licensee, the date the license first becomes effective and the length of time its being used, a description and of the permitted use, the territory of use, and...
the royalty rate; the accounting provisions; a grant of license
this paragraph is a clear example of which of the following provisions: "Licensor hereby grants to Licensee the nonexclusive right and license to use the licensed properties throughout the territory during the term in connection with the manufacture, marketing, sale, public performance, and other exploitation of the licensed products."
grant of rights
In contract language, some words are capitalized. What does this generally mean in contract interpretation?
the phrase or term should be defined somewhere in the agreement
How does a company benefit from licensing its intellectual property?
by expanding its current operations into new markets without the need to establish new manufacturing facilities; its like "found money", the company benefits by exploiting its brand loyalty and good will in a way that generates additional streams of income; by expanding its brand recognition beyond its physical, geographical limitations
What conditions must be met in order for an intellectual property license to be effective?
licensor must have the authority to grant the license; IP must be protected by law; license must specify what IP rights it grants to the licensee; consideration for the license must be clearly stated
Which personality has generated more licensing revenue as compared to other characters or personalities of the same type?
Winnie the Pooh
which characteristics of Marilyn Monroe make up her persona and licensable attributes?
her lips, blonde hair and voluptuous figure; her sultry voice; the name "Norma Jean"
True or False: the posthumous publicity rights of Marilyn Monroe were declared void by New York when her estate had her declared a resident of New York because that state did not have a statute similar to the one in California which allows a celebrity the right to bequeath their rights of publicity
true
Which of the following is not one of the typical points of discussion you might have in a licensing negotiation?
which party will be required to pay taxes
which deceased personality identified in class materials still generates a tremendous amount of licensing revenues for the university to whom the posthumous rights were bequeathed than other personalities of the same type?
Albert Einstein
Which of the following is the least correct ending to the following sentence: one of the advantages a company receives from licensing its intellectual properties for use in other products is that it...
expands its current operations into new markets, although it requires the company to establish new manufacturing facilities
True or false: "generates a new source of revenue based on the brand's loyalty, reputation and goodwill; eliminates geographic limitations; is like found money" are all benefits of licensing IP for use in product lines to the company's primary product
true
which is not a condition that must be met in order for an intellectual property license to be effective?
the licensor must hold the licensee harmless from any liability resulting from the use of the license or the licensed products
What celebrity was used as an illustration of the inherent risks involved in using celebrities to endorse a product?
Tiger Woods
which celebrity recently overtook the person high in q ranking, but did not score higher in total points?
Tom Hanks
True or False: Tennessee recognizes a statutory right of publicity, but not a right in common law
false
Tennessee's statutory right of publicity is known as
The Personal Right Protection Act
The Personal Right Protection Act was passed in...
1984
The rights granted to a celebrity's estate by the Personal Right Protection Act exists for how long
exclusive for a period of 10 years after death of celebrity, then perpetual so long as the estate does not cease exploiting the rights for any two year period
How many states currently have statutes recognizing the right of publicity?
28
Of the states that currently have statutes recognizing the right of publicity, which state is believed to have most far reaching?
Indiana
Indiana provides that in addition to a celebrity's name, image, and likeness, their signature, photograph, gestures, and distinctive features and mannerisms are protected. For how long does this state provide protection after the celebrity's death?
100 years
The right of publicity is...
a personal right; a state right
The first, and only, Supreme Court case involving the rights of publicity is...
Zacchini v. Scripps-Howard Broadcasting Co.
The case, Zacchini v. Scripps-Howard Broadcasting Co. concerned the following celebrity...
Hugo, the human cannonball
A person's reasonable expectation of privacy is based on...
common law; certain implied rights of privacy reflected in the Bill of Rights
Much of Tennessee's laws regarding the right of publicity, particularly the descendability of such rights, was drafted with the following celebrity in mind...
Elvis
The Beatles coverband, "1964 The Tribute" violated Tennessee's Personal Rights Protection Act, TCA 47-25-1101 et. seq., by doing the following...
They used a "look-alike" pose in their advertisements
In making the determination in of someone violating the personal rights protection act, the US Federal Court for the Middle District of Tennessee interpreted the statute...
to be limited to the use of person's name, photograph or likeness for purposes "advertising" and "soliciting"
One of the first clients mark Roesler, founder of CMG Worldwide, obtained was the family of the late...
James Dean and Elvis
True or False: When Mr. Roesler founded CMG Worldwide, the descendability of the rights of publicity were already well-established law
false
The Mattel license that we examined class is an example of what type of license
a flat fee license
True or False: the simplest form of business entitites we studies is the "sole proprietorship" and it is, therefore, the most effective business form for purposes limiting one's liability in business transactions
false
In a limited partnership, the limited partners...
contribute capital; share in any profits; have limited liability, and can only lose an amount equal to that which they originally invested
when two or more people go into business together without any written documentation or formal agreement, splitting their profits and losses equally, the business will most likely be considered to be what type of business?
partnership
a partnership is formally known as...
de facto
true or false: if a business creditor seeks to attach the assets of a partnership, it may only attach the assets of the individual partner who is most active in running the day-to-day affairs of the partnership
false
sole proprietorships are usually not recommended as reasonable choices for an entertainment venture, because...
a sole proprietorship does not limit the liability of its owner
which examples given in class lectures were used to illustrate the development of corporate history and jurisprudence in America?
Trustees of Dartmouth College vs. Woodward; New Jersey & Delaware Legislation; British East India Company
In Trustees of Dartmouth College vs. Woodward, the Supreme Court did which of the following...
granted the corporation the status of personhood; made the corporation "immortal"; made corporate charters "inviolable" meaning that the states could not pass laws that would amend or abolition a corporate charter
XEROX, KODAK, and EXXON are all examples of...
strong trademarks
"Quality Potatoes" and "Chocolate Milk" are examples of
weak trademarks
"shredded wheat" and "corn flakes" were used in class as examples of...
generic trademarks
"Coppertone" and "eskimo Pie" were used in class as examples of
suggestive trademarks
escalator, zipper, aspirin, and yoyo were discussed in class as examples of how these trademarks became...
diluted and genericized
which company was given as an example of a company that did NOT enact policies and alternative terminology in their literature in order to prevent their trademark from becoming diluted
Thermos
which company developed alternative terminology in their literature and marketing, inserting the word "brand" in their logo and advertisement jingle, in order to prevent their trademark from becoming diluted
Band-aid
if two separate persons, living in different parts of the world, simultaneously create two works of art which are substantially similar, this most poignantly illustrates the copyright principle/defense of...
independent creation
if two separate persons, living in different parts of the world, simultaneously create two works of art which are substantially similar, would both authors be entitled to copyright protection for their individual works of art, even though they are substantially similar?
yes
true or false: federal registration of a trademark gives the owner a presumption of exclusive rights
true
true or false: the registrant of a federal trademark can control that mark throughout the world, regardless of where the associated goods and services are distributed
false
true or false: because popular music draws from a variety of influences (rock n roll, blues, country, spirituals, Tin Pan Alley), original elements are sometimes difficult to isolate and copyright analysis is difficult to apply
true
true or false: in the US, trademarks rights extend to all fifty states, regardless of whether the user of the mark has established a market presence in a particular territory
false
the subtractive and totality methods are two methodologies used to determine...
if unlawful misappropriation of a copyright has occurred
true or false: a company that owns a very popular trademark can prevent dilution of its mark by... developing a generic term for the product and encourage the public to use it; identifying the mark as a brand, or perhaps even using the word "brand" following the mark; developing an extensive marketing campaign to make the public aware of and encourage them to use a generic term for your product; encouraging publisher's of popular reference materials, such as dictionaries and encyclopedias, not to use your mark as a defined term
true
Scenes a faire is a french phrase meaning roughly "scene to be made" or "dictated by the scene." How is it used as a defense for copyright infringement?
elements of the work which are to be expected by the overall theme of the work may not be entitled to copyright infringement and have not been misappropriated, therefore, they may be eliminated from any liability and damage calculations pursuant to the "subtractive method"
true or false: in the case of Bright Tunes Music Corp. (owner of He's So Fine) vs. Harissongs Music (owner of My Sweet Lord)... the repetition of three motifs in He's So Fine, one of which was repeated four times, a second motif, and a repetition of the second motif with a rest, was a highly unusual pattern; My Sweet Lord repeated all three motifs including the rest; Harrison's subconscious knew the pattern had worked in a song that his conscious mind did not remember; My Sweet Lord is the very same song as He's So Fine with different words
true
true or false: proper trademark enforcement requires an active, company-wide program in order to, among other things, retain control over the marks as to quality and types of use.
true
what is the original term that refers to the phenomenon of having an idea which one believes to be original, but is actually derived from some other source
cryptomnesia
true or false: infringement of a trademark occurs when one party uses a mark that is identical or confusingly similar to a mark owned by another party, in relation to products or services which are different from the products or services which the registration covers
false
which technique emphasizes a win/win, relationship-oriented solution to negotiating?
informal, modern negotiation
who is attributed as the genius of creating the athletic agency industry?
Charles Pyle
what is one of the first examples of the "moving" picture"
the hand cranked "peep shows"
true or false: the sports agent does not owe any special duties to the person he or she represents
false
BATNA
Best Alternative to a Negotiated Agreement
LAER is a pneumonic for a negotiating technique that involves
listening, acknowledging, exploring, responding
negotiation almost always...
involves attaining something of value for both parties
when a negotiator gives up a point to the other side, the negotiator should always...
trade a point that is not important but still valuable to the other side for what is valuable to the negotiator but cheap to them
who is credited with saying "show me the money" from the film, Jerry McGuire?
Leigh Steinberg
a producer of a major motion picture purchases an option on John Grisham's next novel. Which statement is true?
This decision is good because the option gives the producer the right to control the novel for a period of time for a nominal investment while the rest of the package is assembled. This way, he can exercise the option and pay the balance to acquire the property if he desires.
based on discussions and principles set forth in lectures, the most critical role in the making of a motion picture production that comes together as a cohesive unit is that of...
the producer
the first three television networks were...
ABC, CBS, NBC
all three of the first television networks transitioned to the television format from...
radio
which corporation sold the first, commercially available television set?
RCA
what important item is missing from the content of a "package" used to induce investors to invest in a film if the package contains the script, a list of stars, and the choice of direction
budget
if you are entitled to profit participation in a film, which would be the most optimal position to be in?
a specified percentage of gross profits; deferred compensation based on the film achieving a certain sales quota within a specified period of time following its release
true or false: the major studios of Hollywood were started by a group of independents from New York who were escaping the control of the Motion Picture Patents Company
true
RCA licensed the basic technology for the television from...
Philo Taylor Farnsworth
The Motion Picture Company was started by a group of three patent holders to enforce their rights. Who were they?
George Kliene, Eastman Kodak, Thomas Edison
True or False: examples of box office smashes and flops given in class illustrate that using a popular singer such as Madonna or Mariah Carey as the leading actress in a film almost always guarantees that the motion picture will be a very successful venture
false
major motion picture companies release as many films as they can because...
they are playing the numbers game; the more movies they produce, the more likely it is that they will produce a box office smash which can offset their losses on their films that are not as profitable
true or false: a movie producer... obtains financing and distribution; hires key personnel; develops a story and finalizes the script
true
most producers except for those who have significant clout in the negotiations participate in the revenues of their motion picture on the basis of what is called...
deferred profit participation based on gross profits
if you are a midlevel producer for a major motion picture, and there are several high profile actors participating at the gross revenue level, what deal points might you want to seek in negotiations with the distribution company?
a guaranteed minimum "hard floor" of at least 5% of gross revenue; a distribution guarantee; a "soft floor" of at least 10% of gross revenue
True or False: Tom Hanks' gross profit participation in the movie Forrest Gump probably did not diminish the revenues that flowed down to the net profit participants, as expenses were deducted prior to calculating the gross profits
true
although it varies, in general the distribution fees, distribution expenses and negative costs charged by the motion picture distributors averages around
20% of gross revenues
although it varies, in general the producer's gross profit is usually around
20% of gross revenues
who ultimately pays all costs related to the production of a major motion picture, even if the monies are advanced by another party?
the investors
if you were an actor with a few box office smashes under your belt, which would be the more lucrative deal points to negotiate with the production company and/or studio?
gross profit participation
because early television was usually a transition from the audible broadcasts on radio to the new audiovisual format, much of the programming took the form of a...
variety show