August 29, 2012
- 99 Copyrights and Intellectual Property
- 99I Copyrights
- 99I(J) Infringement
- 99I(J)1 What Constitutes Infringement
- 99k67.1 k. Motion Pictures and Other Audiovisual Works.
Under extrinsic test, protected elements of James Bond films were substantially similar to television commercial for automobile; both films and commercial involved idea of handsome hero who, along with a beautiful woman, lead grotesque villain on high speed chase, male appears calm and unruffled, there are hints of romance between male and female, and protagonists escape with aid of intelligence and gadgetry, mood and pace of both works were fast-paced and involved hi-tech effects, with loud, exciting horn music in the background, and aspects of commercial involving helicopter chasing car appeared to have been lifted from James Bond films.
Metro-Goldwyn-Mayer, Inc. v. Am. Honda Motor Co., Inc., 900 F. Supp. 1287 (C.D. Cal. 1995)