By James Kachmar
On September 9, 2008, the Ninth Circuit issued its opinion in the case Asset Marketing Systems, Inc. v. Kevin Gagnon and clarified the law concerning implied licenses to use and modify computer software programs. In doing so, the Ninth Circuit adopted an approach previously utilized by the First and Fourth Circuits’ Court of Appeals.Continue Reading Copyrighted Computer Software and Implied Licenses to Use
Shameless Promotion: IP Law Blogger and WGC partner, Scott Hervey, served as production counsel for Hulk Hogan’s Celebrity Championship Wrestling. Be sure to tune in October 18th.
Go to www.hulkhogan.com to view the show’s trailer.
IP Law Blogger and WGC partner Scott Hervey is quoted in an August 25, 2008 AdWeek article entitled Brand Defense – Protecting Trademarks and Copyrights.
"The courts are all over the place right now on [keyword search terms]," says Scott Hervey, trademark group chair at Weintraub Genshlea Chediak Tobin & Tobin in Sacramento, Calif. Hervey
By Scott Hervey
John Facenda is a football legend. His deep, baritone voice is “distinctive,” some say “legendary.” Without question, for most football fans, John Facenda was the voice of NFL Films.
For decades Facenda worked for NFL Films as an off camera commentator. He worked on a session by session basis under an oral agreement, receiving a per performance fee. Shortly before he died in 1984, Facenda signed a “standard release” contract with NFL Films which stated that NFL Films enjoys “the unequivocal right to use the audio and visual film sequences recorded of me, or any part of them… in perpetuity and by whatever media or manner NFL Films…sees fit, provided, however, such use does not constitute an endorsement of any product or service.” (Emphasis added.)
In 2005, NFL Films produced a 22 minute long television program entitled “The Making of Madden NFL 2006.” The program was about the soon to be released version of the highly popular video game, Madden NFL. The program featured interviews with NFL players and game producers; it contained several sequences comparing the games virtual environment with the actual NFL playing environment, and commented on the realism of the graphic quality of the video game. The program also featured audio and video clips from pervious NFL Films productions, including three sentences, lasting a total of 13 seconds, that were read by Facenda. The producers of the program modified Facenda’s audio clips to make his voice sound more like a computer.
Facenda’s estate sued NFL Films and others claiming that the use of Facenda’s voice in the program falsely implied that Facenda or his estate had agreed to endorse the video game.
Continue Reading Football’s Voice of God Sues NFL Films for False Endorsement
By Sarra Ziari
On August 20, 2008, in Lenz v. Universal Music Corp., Judge Fogel of the United States District Court, N.D. California ruled that copyright owners must consider fair use before issuing takedown notices under the Digital Millennium Copyright Act (“DMCA”), and issued a warning against the misuse of takedown notices by overreaching copyright owners. Continue Reading https://www.theiplawblog.com/2008/09/articles/copyright-law/2842/
