DC Comics V Mark Towle
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DC Comics V Mark Towle
''DC Comics v. Mark Towle'' was a copyright case heard in the United States Court of Appeals, Ninth Circuit in September 2015. The case concerned defendant Mark Towle, who built and sold replicas of the Batmobile in his garage named 'Garage Gotham'. DC Comics initially filed a lawsuit, in May 2011, in the federal district court alleging causes of action for copyright infringement, trademark infringement and unfair competition arising out of Mark's manufacture and sale of replicas. The plaintiffs, DC Comics, claimed the infringement of their copyright as the replicas sold by Mark were similar to the ones that appeared in 1966 television show ''Batman'' and the 1989 film ''Batman''. The issue discussed by the court was "whether a character in a comic book, television program or motion picture is entitled to copyright protection". The ninth circuit followed the precedents and came up with a ''three-part test'' to determine the protection given to such characters.DC Comics v. Mark Tow ...
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United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabil ...
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United States Copyright Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Copyright Infringement Of Fictional Characters
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rig ...
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Copyright Protection For Fictional Characters
Copyright protection is available to the creators of a range of works including literary, musical, dramatic and artistic works. Recognition of fictional characters as works eligible for copyright protection has come about with the understanding that characters can be separated from the original works they were embodied in and acquire a new life by featuring in subsequent works. United States In the United States, in order to avail of copyright protection, a work must be original that is, it must involve an element of creativity, and must be fixed in a tangible medium. Further, there can be no copyright in mere ideas and facts, but only in the unique expression of the same. US Copyright Statute of 1976 does not explicitly mention fictional characters as subject matter of copyright, and their copyrightability is a product of common law. Historically, the Courts granted copyright protection to characters as parts of larger protected work and not as independent creations. They w ...
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Substantial Similarity
Substantial similarity, in US copyright law, is the standard used to determine whether a defendant has infringed the reproduction right of a copyright. The standard arises out of the recognition that the exclusive right to make copies of a work would be meaningless if copyright infringement were limited to making only exact and complete reproductions of a work. Many courts also use "substantial similarity" in place of "probative" or "striking similarity" to describe the level of similarity necessary to prove that copying has occurred. A number of tests have been devised by courts to determine substantial similarity. They may rely on expert or lay observation or both and may subjectively judge the feel of a work or critically analyze its elements. Substantial similarity in copyright infringement To win a claim of copyright infringement in civil or criminal court, a plaintiff must show he or she owns a valid copyright, the defendant actually copied the work, and the level of copyin ...
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American Broadcasting Company
The American Broadcasting Company (ABC) is an American commercial broadcast television network. It is the flagship property of the ABC Entertainment Group division of The Walt Disney Company. The network is headquartered in Burbank, California, on Riverside Drive, directly across the street from Walt Disney Studios and adjacent to the Roy E. Disney Animation Building. The network's secondary offices, and headquarters of its news division, are in New York City, at its broadcast center at 77 West 66th Street on the Upper West Side of Manhattan. Since 2007, when ABC Radio (also known as Cumulus Media Networks) was sold to Citadel Broadcasting, ABC has reduced its broadcasting operations almost exclusively to television. It is the fifth-oldest major broadcasting network in the world and the youngest of the American Big Three television networks. The network is sometimes referred to as the Alphabet Network, as its initialism also represents the first three letters of the ...
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Michael Keaton
Michael John Douglas (born September 5, 1951), known professionally as Michael Keaton, is an American actor. He is known for his various comedic and dramatic film roles, including Jack Butler in ''Mr. Mom'' (1983), Betelgeuse in ''Beetlejuice'' (1988), the DC Comics superhero Batman / Bruce Wayne in ''Batman'' (1989) and ''Batman Returns'' (1992), and the Marvel Comics supervillain Vulture / Adrian Toomes in '' Spider-Man: Homecoming'' (2017). His breakout role was as fast-talking schemer Bill "Blaze" Blazejowski in the 1982 film '' Night Shift''. He later appeared in a variety of films ranging from dramas and romantic comedies to thriller and action films, such as ''Clean and Sober'' (1988), ''Much Ado About Nothing'' (1993), '' The Paper'' (1994), ''Multiplicity'' (1996), ''Jackie Brown'' (1997), '' Herbie: Fully Loaded'' (2005), ''The Other Guys'' (2010), '' RoboCop'' (2014), ''Need for Speed'' (2015), ''Spotlight'' (2015), ''The Founder'' (2016), ''Dumbo'' (2019), '' Worth'' ...
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Stock Character
A stock character, also known as a character archetype, is a fictional character in a work of art such as a novel, play, or a film whom audiences recognize from frequent recurrences in a particular literary tradition. There is a wide range of stock characters, covering men and women of various ages, social classes and demeanors. They are archetypal characters distinguished by their simplification and flatness. As a result, they tend to be easy targets for parody and to be criticized as clichés. The presence of a particular array of stock characters is a key component of many genres, and they often help to identify a genre or subgenre. For example, a story with a knight-errant and a witch is probably a fairy tale or fantasy. There are several purposes to using stock characters. Stock characters are a time- and effort-saving shortcut for story creators, as authors can populate their tale with existing well-known character types. Another benefit is that stock characters help to mo ...
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Mark Towle
Mark Towle is a car mechanic and car and motorcycle restorer and designer, best known as the owner of a car restoration and makeover shop called Gotham Garage based in Temecula, California. The shop has built props for movie studios and television shows. In 2018, Netflix released '' Car Masters: Rust to Riches'', which features Towle and his Gotham Garage team. Earlier in 2015, Towle became a defendant in a copyright infringement case filed and subsequently won by DC Comics regarding Towle's replication and sale of Batmobiles. Towle's and his Gotham Garage crew's 1:1 replica of the Plymouth XNR is displayed at the Petersen Automotive Museum in Los Angeles. Other notable Gotham Garage rebuilds include the Lincoln Futura that Towle's team sold at the 2018 Grand National Roadster Show (held at the Pomona Fairplex Fairplex has been the home of the L.A. County Fair since 1922. Known prior to 1984 as the Los Angeles County Fairgrounds, it is located in the city of Pomona, Californ ...
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Character Traits
In psychology, trait theory (also called dispositional theory) is an approach to the study of human personality. Trait theorists are primarily interested in the measurement of ''traits'', which can be defined as habitual patterns of behaviour, thought, and emotion. According to this perspective, traits are aspects of personality that are relatively stable over time, differ across individuals (e.g. some people are outgoing whereas others are not), are relatively consistent over situations, and influence behaviour. Traits are in contrast to states, which are more transitory dispositions. In some theories and systems, traits are something a person either has or does not have, but in many others traits are dimensions such as extraversion vs. introversion, with each person rating somewhere along this spectrum. There are two approaches to define traits: as internal causal properties or as purely descriptive summaries. The internal causal definition states that traits influence our behav ...
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Comic Book
A comic book, also called comicbook, comic magazine or (in the United Kingdom and Ireland) simply comic, is a publication that consists of comics art in the form of sequential juxtaposed panels that represent individual scenes. Panels are often accompanied by descriptive prose and written narrative, usually, dialogue contained in word balloons emblematic of the comics art form. "Comic Cuts" was a British comic published from 1890 to 1953. It was preceded by "Ally Sloper's Half Holiday" (1884) which is notable for its use of sequential cartoons to unfold narrative. These British comics existed alongside of the popular lurid "Penny dreadfuls" (such as "Spring-heeled Jack"), boys' " Story papers" and the humorous Punch (magazine) which was the first to use the term "cartoon" in its modern sense of a humorous drawing. The interweaving of drawings and the written word had been pioneered by, among others, William Blake (1757 - 1857) in works such as Blake's "The Descent Of Christ" ...
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