In the entertainment industry, there are so many laws and
liabilities that come into play. Because the work of the artist and business is
so important, especially when it comes to a profit that can be made, it is
important the entertainers and businesses to what is necessary to protect their
intellectual property as well as defend and get what they deserve when it is
infringed upon. I will discuss three cases in the entertainment industry that
dealt with intellectual property and how they were handled
1.
Milton H. Green Archives, Inc. v. Marilyn Monroe
, LLC
In this case the plaintiff sued the
defendant claiming that they had ownership of the right is Marilyn Monroe. They
believed that the defendant was violating these rights by using the actresses’
image and likeness for unauthorized commercial purposes. [1] I
thought this case was interesting because I often see images of Marilyn Monroe
from posters to t-shirts. Her image is very popular and she is still cherished
today even by those who weren’t alive to appreciate her talent. It is
interesting to know that each of these images have to be approved by the owners
of her estate and rights. The court however, decided that the plaintiff did not
own these rights based on the time of Ms. Monroe’s death.
2.
1st media, LLC v. Electronic Arts Inc.
This case deals with the infringement of
patents related to an entertainment system for use in purchasing and storing
songs, videos and multimedia karaoke information.[2] I
also thought this case was interesting because I found interesting that even
things like karaoke have to go through the appropriate patent and trademark
laws. The case was dismissed because the inventor and his attorney did not name
all the appropriate information and withheld information dealing with the specific
patent.
3.
Howard Entertainment, Inc. v. Kudrow
The former actress was sued by her manager
for breach of contract. [3]This
case was the most interesting to me because I find it interesting that the
manager sued the client. I’m sure this happens all of them time especially when
the artist are offered projects and things without the manager’s consent. When
the artist decides to pursue these projects, the manager looses out and this
could possibly be a breach of their contract. The court ruled in the defendants
favor because of the lack of foundation provided by the plaintiff.
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