To install click the Add extension button. That's it.

The source code for the WIKI 2 extension is being checked by specialists of the Mozilla Foundation, Google, and Apple. You could also do it yourself at any point in time.

4,5
Kelly Slayton
Congratulations on this excellent venture… what a great idea!
Alexander Grigorievskiy
I use WIKI 2 every day and almost forgot how the original Wikipedia looks like.
Live Statistics
English Articles
Improved in 24 Hours
Added in 24 Hours
What we do. Every page goes through several hundred of perfecting techniques; in live mode. Quite the same Wikipedia. Just better.
.
Leo
Newton
Brights
Milds

Anderson v. Stallone

From Wikipedia, the free encyclopedia

Anderson v. Stallone
CourtUnited States District Court for the Central District of California
Full case nameTimothy Burton Anderson v. Sylvester Stallone, Freddie Fields, Dean Stolber, Frank Yablans, and MGM/UA
DecidedApril 25, 1989
Docket nos.87-0592
Citation(s)11 U.S.P.Q.2d 1161; Copy. L. Rep. (CCH) ¶ 22,665
Court membership
Judge(s) sittingWilliam D. Keller
Keywords
Copyright infringement

Anderson v. Stallone, 11 U.S.P.Q.2d 1161 (C.D. Cal. 1989) was a copyright infringement lawsuit against Sylvester Stallone, MGM, and other parties over a script for Stallone's film Rocky IV.[1] This script written by Timothy Anderson was unsolicited and unauthorized, a key fact that led to a decision in favor of the defendants in the lower court and was later resolved in an out-of-court settlement during the pendency of plaintiff's appeal.[2]

YouTube Encyclopedic

  • 1/3
    Views:
    1 778 187
    2 720
    621 601
  • ROCKY VII - Teaser Trailer | Sylvester Stallone's Rocky Balboa Returns | Rocky 7 Final Flight
  • Pamela Anderson about Sylvester Stallone
  • Pamela Anderson Claims Sylvester Stallone Offered Her a Condo and Porsche

Transcription

Introduction

Timothy Burton Anderson, an author who wrote a script for the film Rocky IV, brought the suit for copyright infringement, unfair competition, unjust enrichment, and breach of confidence against Stallone, MGM, and other parties. Stallone et al. filed a motion for summary judgment which was granted in part and denied in part. Anderson appealed. The case was thereafter resolved in a confidential out-of-court settlement.

Case background

In June 1982, after viewing the movie Rocky III, Anderson wrote a treatment for Rocky IV. According to Anderson's complaint filed with the court, in October 1982, Anderson met with Art Linkletter, a member of MGM's Board of Directors, at his Bel Air home; with Freddy Fields, then-president of MGM/UA at his Culver City office; and also had meetings during the Summer of 1983 with then-Board Chairman Frank Yablans and MGM/UA Vice President Peter Bart. During the meetings, they discussed using Anderson's script for Rocky IV. Anderson claimed that MGM told him that if they used his script he would be paid a large sum of money. Anderson also met with Stallone in May 1983 at Stallone's Paramount Pictures office in a meeting arranged and attended by then-Deputy White House Chief of Staff Michael Deaver.

The case was argued before District Judge William D. Keller of the Central District of California. The Court concluded that the Defendants are entitled to their motion for summary judgment because Anderson's script is an infringing work not entitled to copyright protection.

The Court determined that the characters from the original movies were afforded copyright protection, using a standard borrowed from Judge Learned Hand in Nichols v. Universal Pictures Corp.. The key to the standard is that copyright protection is afforded when a character is developed with enough specificity to constitute protectable expression.

It was strikingly clear to the Court that Anderson's work was a derivative work; that under 17 U.S.C. section 106(2) derivative works are the exclusive privilege of the copyright holder (Stallone, in this case); and that since Anderson's work is unauthorized, no part of it can be given protection.

Anderson attempted to argue that Congressional history of 17 U.S.C. section 103(a) indicates that Congress intended non-infringing portions of derivative works to be protected. The Court disagreed, citing legal scholarship (copyright law professors Melville and David Nimmer) and case law interpretations of 103(a).

See also

References

  1. ^ Frankel, Susy (2019). The Object and Purpose of Intellectual Property. Edward Elgar Publishing. pp. 337–338. ISBN 978-1-78990-249-5.
  2. ^ Calboli, Irene; Ragavan, Srividhya (May 28, 2015). Diversity in Intellectual Property: Identities, Interests, and Intersections. Cambridge University Press. p. 331. ISBN 978-1-107-06552-9.

External links

This page was last edited on 6 February 2024, at 01:58
Basis of this page is in Wikipedia. Text is available under the CC BY-SA 3.0 Unported License. Non-text media are available under their specified licenses. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc. WIKI 2 is an independent company and has no affiliation with Wikimedia Foundation.