The case of Larimore vs. NBC was based on a copyright infringement. There was a contention that the plaintiff must demonstrate defendant access to copyright material. The copyright work was used for the NBC reality show The Biggest Loser. According to the district court, the largest loser's proposal was not identical to Latimores'. They stated that Latimore did not reveal or unearth any evidence proposal.
There was a legal problem: there was a copyright infringement. The courts considered the summary judgment ruling. The court of appeal in this case denied the defendant the motion to dismiss on the basis of the absence of copying but also dismisses the plaintiffs copyright infringement claim regarding her treatment for any certain weight loss reality show that was done on its own motion since the plaintiff had not also alleged the copyright registration of the work in that case as such. The decision of this court clearly indicated that under the law, one has been given a higher burden if they are ever to prove that a copyright infringement was committed. It is not just a matter of showing that a mistake was committed.
Intellectual property law was made to ensure that people are well protected especially in relation to their intellectual property. This has been considered to be an asset that one has to thrive on and that in many cases one must be able to work on that as such. It is meant to make sure that the involved parties are well protected and that their rights are also well founded as well. However, even in the quest for that, the plaintiff bears the burden of proof to show that indeed there was an infringement and that it would also result to a detriment on them in the future or presently.
No Doubt was a band in the 1990s. They brought a law suit against videogame publisher called activation publishing Inc. The reason behind law suit was no doubt band licensed the likeness of it members for band hero. They stated activation used them outside of scope of parties licensing agreement.
Defendant of Activation publishing invented a game called band hero. The game players can control avatars that play rock music. No doubt band agreed that the publisher could develop avatars in different trait and performing styles. Game players are able to play both No doubt avatars to play both no doubt and other musical acts. They can manipulate No doubt characters by having the band female lead singer sound like a male and male singer sound like female. The defendant filed a motion to strike under California code of procedure section.
The Activision’s use of the No Doubt likeness was fully protected by the First Amendment in the case presented here. The court in their reasoning stated that there was indeed really no doubt that the licensed band was the likeness of the members for the band hero in the case as such. I agree with the ruling of the court because it is meant to make sure that there is really a very serious protection of the rights in any case. The most important detail that is protected here is the right to own intellectual property and enjoy its use fully. The aim of intellectual property law is to make sure that at the end of the day, the person who comes up with the new activity is able to enjoy their idea wholly without interruptions and intrusions as well.
References
Bently, L., & Sherman, B. (2014). Intellectual property law. Oxford University Press, USA.
Hart, T., Clark, S., & Fazzani, L. (2013). Intellectual property law. Palgrave Macmillan.
