Archive for February, 2010

When DMCA Take-Down Notices Backfire

There is an old Chinese proverb which cautions against drawing attention to something you are trying to conceal. As the story goes, a man named Zhang built a small fortune of 300 ounces of silver through hard work. Fearful that someone might steal his fortune, Zhang decided that the best thing to do was bury it. After burying the money, Zhang then had a brilliant idea to further ensure his money’s security. He decided to mark the spot with a sign that read: “This land does not have 300 ounces of silver buried here.” Continue reading the full story . . . »




Q&A: Can I Use A Character From Another Film As An Imaginary Character In The Film I’m Producing?

Q: My company is producing a film which has a character that is taken from another very well known film. This new story has absolutely nothing to do with the previously established film, is not in any way a sequel and we never even see the other person, they’re invisible in the mind of a lunatic and it’s questionable whether they exist or not. He just mentions them by name and says that they’ve been friends since he saw that movie. What’s our legal leg to stand on to be able to keep this character by name, in the script, which adds a great deal of humor as he interacts with the character and we can’t see it… or is it better to hedge our bets and make it a completely made up invisible friend? I seem to be stumping every lawyer friend I have with this one, as it’s a peculiar case… any thoughts? Or, is there an alternative in just securing permission from the controlling entity of the previous film? Continue reading the full story . . . »




You Could Have Been a Fragrance Millionaire

In January 1992, America saw Cosmo Kramer experience a moment of inspiration: a cologne that captures the smell of a day at the beach. But when he brought that idea to Calvin Klein’s marketing department, it received a decidedly frosty reception, with one representative calling it “the dumbest idea I have ever heard.” Imagine Kramer’s dismay then, when in December 1992, Kramer discovered Calvin Klein marketing a fragrance called Ocean by Calvin Klein. “I could have been a fragrance millionaire, Jerry!” he lamented. Continue reading the full story . . . »




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