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Entertainment, Arts, and Sports Law

University of Michigan Law School

Michigan Law Review

Infringement

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Full-Text Articles in Law

Television Sponsor And Advertising Agency Held Vicariously Liable For Copyright Infringement--Davis V. E.I. Dupont De Nemours & Co., Michigan Law Review Jan 1966

Television Sponsor And Advertising Agency Held Vicariously Liable For Copyright Infringement--Davis V. E.I. Dupont De Nemours & Co., Michigan Law Review

Michigan Law Review

DuPont sponsored a dramatization of Edith Wharton's novel Ethan Frome presented by the CBS television network. Petitioner claimed an infringement of his earlier copyrighted dramatization of the same novel and sought a declaration of liability against CBS, the producer of the program, DuPont, and its advertising agency, Batten, Barton, Durstine & Osborn, Inc. (BBDO). Although DuPont and BBDO were notified before the performance of the possibility of copyright infringement liability and could have stopped the producers from using petitioner's play, they made no attempt to interfere. In petitioner's action in the federal district court, DuPont and BBDO contended that they …


Copryright - Infringement - Parody Of Dramatic Production Held Not To Be Fair Use, William J. Wise S.Ed. Jun 1958

Copryright - Infringement - Parody Of Dramatic Production Held Not To Be Fair Use, William J. Wise S.Ed.

Michigan Law Review

Prior to December 1938, Patrick Hamilton wrote an original play entitled "Gaslight" which subsequently was published, performed and protected by copyright in both England and the United States. Loew's acquired exclusive motion picture rights to the play on October 7, 1942, and produced an original feature-length motion picture photoplay of the drama, also entitled "Gaslight." In 1945 Jack Benny sought and received permission to produce a 15-minute parody of the motion picture for his radio program. In 1953, without securing Loew's permission, Benny produced a 15-minute filmed parody of the motion picture for his television program. It was entitled "Autolight" …


Borderland - Where Copyright And Design Patent Meet, Richard W. Pogue Nov 1953

Borderland - Where Copyright And Design Patent Meet, Richard W. Pogue

Michigan Law Review

Copyright law and design patent law contemplate basically different objects of protection. Yet at the outer fringes of these types of protection certain concepts overlap to form a rather undefined borderland in which it is difficult to say what law is applicable-copyright law, patent law, neither, or both. It is the purpose of this paper to explore this borderland area in the light of traditional copyright and patent law principles, with attention given to policy considerations involved, and to offer suggestions toward drawing a sharper boundary between the two.