Start at 3 minutes 35 seconds) Share out your evidence and sentences from Part 2. "James Bond in a Honda? A grotesque villain with metal-encased arms[2] jumps out of the helicopter onto the car's roof, threatening harm. G., Apple Computer, Inc. Microsoft Corp., 35 F. 3d 1435, 1442-44 (9th Cir.
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Plaintiffs were receptive to the idea, but Defendants suggested instead that they be allowed to file a motion for summary judgment, and that the Court issue a ruling on both Plaintiffs' and Defendants' motions simultaneously. As stated above, Defendants move for summary judgment on Plaintiffs' copyright infringement claim on three grounds: (1) Plaintiffs are not the exclusive owners of the elements of the James Bond character they seek to protect; (2) Plaintiffs' alleged similarities *1302 are not protected by copyright; and (3) their commercial is not substantially similar to any of Plaintiffs' films or characters. Merits Of Plaintiff's Copyright Infringement Claim. See Berkic v. Crichton, 761 F. 2d 1289, 1292 (9th Cir. "What did you learn about the role of a jury in a trial? Also, Sam Spade factually dealt with the idea that an author did not give up his copyrights to a character unless he specifically waived them. 21] Aside from the numerous declarations on file that address the "substantial similarity" issue, Plaintiffs also submitted several other expert declarations, including ones from: (1) Sir Kingley Amis, author of The James Bond Dossier; (2) Professor Tony Bennett, author of Bond and Beyond: the Political Career of a Popular Hero; and (3) John Cork, author of James Bond in the '90s, a character bible for Danjaq to use with future James Bond films. Plaintiffs' experts describe in a fair amount of detail how James Bond films are the source of a genre rather than imitators of a broad "action/spy film" genre as Defendants contend. First, Plaintiffs do not allege that Defendants have violated Plaintiffs' copyright in the James Bond character itself, but rather in the James Bond character as expressed and delineated in Plaintiffs' sixteen films. "How does each court system get their jurisdiction? The "intrinsic" test asks whether the "total concept and feel" of the two works is also substantially similar. As the Ninth Circuit explained in Shaw: "Because each of us differs, to some degree, in our capability to reason, imagine, and react emotionally, subjective comparisons of literary works [and films] that are objectively similar in their expression of ideas must be left to the trier of fact. "
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I find the materials so engaging, relevant, and easy to understand – I now use iCivics as a central resource, and use the textbook as a supplemental tool. Predictably, Plaintiffs claim that under either test, James Bond's character as developed in the sixteen films is sufficiently unique and deserves copyright protection, just as Judge Keller ruled that Rocky and his cohorts were sufficiently unique. Id., 114 S. at 1178 (citing Fisher, 794 F. 2d at 438). Did you find this document useful? Cooling Systems and Flexibles, Inc. *1293 Stuart Radiator, Inc., 777 F. 2d 485, 491 (9th Cir. Recent flashcard sets.
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See Fisher v. Dees, 794 F. 2d 432, 438 (9th Cir. See Stolber Depo., at 81:9-84:2. Apparently, Plaintiffs contacted Coke after the spot aired, demanding that it cease and desist; Coke agreed without Plaintiffs having to resort to litigation. Defendants counter that Plaintiffs present no evidence that their commercial will dissuade viewers from watching the Bond films. It appears that Defendants misconstrue Plaintiffs' claim. Defendants raise access as an issue, arguing that the inventor of the Honda commercial, Gary Yoshida, states in his declaration that he has never watched more than a few minutes of any one James Bond film, and that he got the idea for the commercial from the climax scene in "Aliens. Specifically, film historian Casper explains how the James Bond films represented a fresh and novel approach because they "hybridize[d] the spy thriller with the genres of adventure, comedy (particularly, social satire and slapstick), and fantasy. Argument Wars Extension Pack. For the reasons discussed above, Defendants' evidence is neither very strong nor credible; it is highly unlikely that Defendants will be able to show that they created their commercial separate and apart from the James Bond concept. In the landmark case of Nichols, 45 F. 2d at 121, the court held that copyright protection is granted to a character if it is developed with enough specificity so as to constitute protectable expression. And then write down two questions that come to mind about the court system. Start the jury process over again. 03[B][4], at 13-80-82 (1994) (discussing scenes-a-faire doctrine).
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Recommended textbook solutions. Plaintiffs established the probability of success on the merits; they had acquired a copyright to the James Bond character from their copyright ownership of the film series and defendants' commercial was substantially similar in terms of theme, plot, mood and characters. Interpreting the Constitution. 1960) ("Obviously, no principle can be stated as to when an imitator has gone beyond the `idea, ' and has borrowed its `expression. ' In Campbell, the Supreme Court noted that a purported parody would not be protected if it is "commentary that has no critical bearing on the substance or style of the original composition, which the alleged infringer merely uses to get attention or to avoid the drudgery in working up something fresh.... " Id., 114 S. at 1172. 19] Moreover, as mentioned above, Plaintiffs recognize that author Ian Fleming had sold the movie rights to "Casino Royale" prior to Plaintiffs' obtaining their rights to make their sixteen Bond films. Complete Part 2 about the appellate process during the remaining minutes of the video. However, later in the opinion, the court distanced itself from the character delineation test applied by these other cases, referring to it as "the more lenient standard[] adopted elsewhere. " Under Rule 56(c) of the Federal Rules of Civil Procedure, a court may grant summary judgment upon finding that "there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. " G., Universal, 543 F. at 1139.
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This amalgam... was also a departure from the series' literary source, namely writer Ian Fleming's novels. " That was not there in the subtype of the spy thriller films of that ilk hitherto. " G., New Line Cinema, 693 F. at 1530. C. Defendants' Alleged Infringement. Here, both Plaintiffs' and Defendants' experts go through specific analyses of the similarities in ideas between the James Bond films and the Honda commercial. 12] In Shaw, the Ninth Circuit noted, in comparing two screenplays, that the fact that both works were "fast-paced, have ominous and cynical moods..., and are set in large cities, " did not weigh heavily in the panel's analysis because "these similarities are common to any action adventure series. Plaintiffs' Preliminary Injunction Motion. Flickr Creative Commons Images.
Question 7 of 10 100 Points Blowing dust moving outward at the ground below a. Finally, Defendants contend that the Honda commercial is not substantially similar both extrinsically and intrinsically to Plaintiffs' protected works. Plaintiffs' Opposition Memo re: Summary Judgment Motion, at 26 n. 10. Share with Email, opens mail client. 977, 108 S. 1271, 99 L. 2d 482 (1988) (requiring greater showing of similarity between factually-based works as opposed to between works of fiction).
5] Situations, incidents, or events that naturally flow from a common theme, or setting or basic plot premise are "scenes-a-faire. " Plaintiffs point to various character traits that are specific to Bond i. e. his cold-bloodedness; his overt sexuality; his love of martinis "shaken, not stirred;" his marksmanship; his "license to kill" and use of guns; his physical strength; his sophistication some of which, Plaintiffs' claim, appear in the Honda commercial's hero. Unit 5 - Enlightenment Philosophers Primary Sources-Graphic Organizer - Google. Robert Stigwood Group, Ltd. Sperber, 457 F. 2d 50, 55 (2d Cir.
10] See Anderson, 1989 WL 206431, at *7 (discussing copyrightability of Rocky characters). Lynna Landry, AP US History & Government / Economics Teacher and Department Chair, California. Moreover, Defendants claim that their intent is irrelevant in determining whether their commercial infringes or not. Contrary to Defendants' assertions, because many actors can play Bond is a testament to the fact that Bond is a unique character whose specific qualities remain constant despite the change in actors. However, because the Court DENIES Defendants' summary judgment motion as to the "substantial similarity" issue, the Court need not reach the further issue of whether the remaining counts should be dismissed. To demonstrate access, the plaintiff must show that the defendant had "an opportunity to view or to copy plaintiff's work. " "The Trial Process Overview" Student Activity Sheet Directions: In your pairs, for each trial step, summarize the section in your own words using complete sentences. Students also viewed. Moreover, the sheer worldwide popularity and distribution of the Bond films allows the Court to indulge a presumption of access. This has been viewed to be a less stringent standard than Sam Spade's "story being told" test.
However, sexual inadequacy or incompatibility treatment is reimbursable. Health care expenses for a dependent. Eligible for reimbursement. Keep following and we'll try to answer each possible question you have about electric toothbrushes and FSA and HSA. Flexible spending account (FSA) plans are employer-sponsored benefit plans that allow employees to set aside a portion of their paycheck to pay for eligible out-of-pocket healthcare expenses. This includes procedures such as teeth whitening, plastic surgery, and cosmetic services provided at a dermatologist office. Ear molds - Expenses paid for the purchase of ear molds are reimbursable. Keep following to learn more about improving your oral health & hygiene. The cost of insulin is also reimbursable. When it comes to dental care, one of the most important tools is a toothbrush. Newborn classes are not eligible. Varicose vein treatment.
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Abortion - Medical expenses associated with a legal abortion are reimbursable. Can you transfer FSA to bank account? Even though these might be recommended by the dentist they are not eligible for reimbursement from a healthcare FSA. Cosmetic procedures Procedures and treatments received for cosmetic purposes are not eligible for reimbursement from a healthcare FSA. You can use your FSA funds to pay for a variety of expenses for you, your spouse, and your dependents. Meals, snacks, food – these are not eligible if the cost is paid separately or itemized or expensed separately from tuition. Transplants - Payments for surgical, hospital, laboratory and transportation expenses for a prospective or actual donor of a kidney or other organ are reimbursable. Alcoholism and drug abuse - Medical expenses paid to a treatment center for alcohol or drug abuse are reimbursable. Remineralization Products - These products add back the minerals that acid has chewed away and are considered part of normal hygiene. Flexible spending accounts (FSAs) are one of the best-kept secrets of personal finance. Dancing lessons, swimming lessons, etc. Chair - The cost of a reclining chair is reimbursable with a medical diagnosis. Car - Medical expenses are reimbursable for special hand controls and other special equipment installed in a car for the use of a person with disabilities.
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Your family's dental health is important, so take a look at the oral care products you can purchase using your FSA. Humidifiers/Air purifiers - Humidifiers and air purifiers are eligible. The answer is no – you don't need a prescription for an electric toothbrush. There are also toothbrush sanitizers you can buy to kill microorganisms on your toothbrush, often using ultraviolet light. Grace Period Ends 3/15! Dry cast, protectors - Expenses paid for the purchase of dry casts and bandage protectors are reimbursable. What About FSA-Ineligible Items? Some common examples of items that can be purchased using FSA funds include: · Prescription drugs and over-the-counter medications (with a doctor's note). Massage - Fees paid for massages are not reimbursable unless to treat a physical disability or illness. Lead-based paint removal - The cost of removing lead-based paints from surfaces in a home to prevent a child who has (or has had) lead poisoning from eating the paint are reimbursable.
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Sun protection products. Can shoes be FSA eligible? OSHA Compliance Fees - Fees charged by the provider to meet OSHA compliance requirements are covered. Request for reimbursement should include a description of the item the batteries are purchased for. Waterpik: FSA Eligibility. Can you buy an Apple watch with FSA?
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Childbirth classes - Expenses for childbirth classes are reimbursable, but are limited to expenses incurred by the mother-to-be. Can I use FSA for dental cleaning? Be sure to use my burst savings code FFERVX to save $30 off of each toothbrush. Consider whether you would be comfortable with the vibrating feeling of a powered toothbrush and assess if you have a medical need for it as well. Don't let them go to waste. Which receipts can I use? And finally, remember that FSAs have "use it or lose it" rules, so be sure to use up your account balance before the end of the year! Pill containers/boxes/organizers/storage - Pill storage containers are eligible. If you have arthritis or another condition that makes it difficult to brush your teeth, an electric toothbrush can make it much easier to keep your smile healthy. They're also great for people who have trouble brushing their teeth properly. This means that if your doctor has recommended a Waterpik for your oral health, you can use your Flexible Spending Account (FSA) to cover the cost. As of 2022, the U. S. Internal Revenue Service (IRS) has enacted an FSA saving limit of $2, 850 per person per year.
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Medical, dental, and vision expenses are all eligible to be paid by money from an FSA. Nursing bras, shirts, and other apparel are not qualifying expenses for your FSA. Babysitting and childcare: If your child is healthy, then you can't pay for the costs of babysitting and childcare with an FSA—even if you, your spouse, or a dependent will receive medical treatment during this time. The cost of day care and housekeeping services in your home for your child or other qualifying individual. Enter your HSA or FSA # at checkout. If you're considering switching to an electric toothbrush, there are a few things you should keep in mind.
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Radon remediation - Expenses incurred to remove radon from the residence are reimbursable. There are a number of different brands and models that qualify for HSA reimbursement, so you can choose the one that's right for you. Pay special attention to the gumline, hard-to-reach back teeth, and areas that surround fillings or crowns. Insoles - Expenses paid for insoles are reimbursable. Costs associated with a dog or other animal trained to assist persons with other physical disabilities are also reimbursable, as are amounts paid for the care of these specially-trained animals.
Are Tampons FSA Eligible? Over-the-counter medicine and drug expenses that are incurred after January 1, 2020, are generally reimbursable. Also, the amount by which the cost of a car specially designed to hold a wheelchair exceeds the cost of a regular car is a reimbursable medical expense. Medicare Part B - Premiums paid for Medicare Part B are not reimbursable under a Health FSA. Second, you'll need to keep track of your receipts and submit them for reimbursement. Ultrasonic toothbrushes use sound waves to clean teeth and can also be effective at removing plaque and bacteria. Below, we'll discuss 19 unconventional, creative, and totally legal ways for you to spend the money that you've saved in an FSA.
Items that are solely for cosmetic purposes are not covered. You can use them to reimburse yourself for eligible health care, dental, and dependent care expenses. Want to see why more than 500, 000 happy customers have entrusted their hearing to MDHearing? Sometimes your HSA will even cover items that it normally wouldn't if you have a letter of medical necessity signed by your doctor. What items are FSA eligible 2022? Are Waterpiks Fsa Eligible. Addiction treatments. This includes the cost of meals and lodging in the home if the main reason for being there is to get medical care. Toothbrushes are also essential for good oral hygiene. These include tampons, menstrual pads, liners, cups, and sponges.
Marriage counseling - Expenses for marriage counseling services do not qualify as medical expenses. Does your household include a book lover who reads in braille or who listens to audiobooks? Artificial teeth - See. Under the IRS guidelines, even the most advanced cross-training shoes don't qualify as FSA-eligible.