FINAL EXAM-SPRING 2002 SEMESTER-PROFESSOR FARBER
FILM AND TELEVISION LAW- GOLDEN GATE UNIVERSITY

THIS IS AN OPEN BOOK. OPEN MATERIALS EXAM. You have three hours to complete the exam. You may use any notes, books or other materials to assist you in responding to the questions.

 There are two (2) essay questions on this exam. Each question is worth fifty (50) points. I suggest you spend 1/3T of your time on each question outlining your response, and then write for the remaining time you allocate for each question. If you use the full period of three hours, this would mean outlining for 30 minutes and writing for 60 minutes on each question. Each subpart is equally weighted for grading purposes, so divide your response evenly among the subparts - do not write a full answer for one part and a short answer for another part. Answer each question as fully as you can, citing any appropriate cases, industry standards, and statutes that are relevant. Write your answer in a blue book, or type it on plain, unmarked typing paper. PLACE YOUR EXAM NUMBER ON EACH BLUE BOOK OR TYPED PAGE. At the end of the exam, please turn in your exam books, scratch sheets and exam questions.

 DO NOT WRITE ON BOTH SIDES OF THE PAGE. WRITE LEGIBLY OR PRINT IF YOUR HANDWRITING IS DIFFICULT TO READ. WRITE ON EVERY OTHER LINE. If I cannot read your response to a question, your grade will be adversely affected.

 

 

Question No. 1 (50 Points)

You have been asked to advise Paulie Rich regarding his rights and remedies in the following situation: Mr. Rich is the son of a cartoonist who created the popular cartoon character Richie Rich. The character was known for his wealth and selfishness, and was depicted as a young white male with black hair, always wearing a tuxedo. Mr. Paulie Rich's father based the character on his son, your client. Your client's father, and his son Paulie, both live and lived in Los Angeles, California, and the father died 5 years ago.

 Your client has recently achieved great success with an Internet-based coffee distribution company, started in 1999 and called GREATCOFFEE.com, which sends bags of coffee beans, ground and as whole beans, to customers through the mail. Your client has registered GREATCOFFEE.com as an Internet domain name but has not, as yet, registered it as a trademark, even though he has doing business in interstate commerce since late 1999.

 The IBC Television Production company has recently created a new television show which is the hit of the season. The show is called GreatCoffee...com, and features a lead character named Richie Rich, a multimillionaire venture capitalist who finances a company that delivers fresh cups of coffee to people in their homes and offices, using a fleet of branded Volkswagen Beetle automobiles. The Richie Rich character is depicted as a spoiled brat young white male with dark hair, who often wears a tee-shirt designed to look like a tuxedo. The show is based here in San Francisco, and filmed here and in Los

Angeles. The show has become so popular that the Director of the show has started a spin-off franchise business selling coffee from Volkswagen Beetle shaped carts at downtown street locations. The franchise business is also called GreatCoffee...com.
Paulie Rich wants to bring a lawsuit against IBC company and the Director of the show. He asks you if he can sue these parties, and what causes of action can he assert. He asks what you think of his chances for success with these claims, and what defenses are likely to be raised in the lawsuit. What is your advice

 

 

Question No. 2 (50 Points)

Your client is Joey Shapiro, a young filmmaker who has recently inherited fifty million dollars. Joey has committed all of the inheritance to pay for a feature film he has written and directed, called Space Monkeys, a romantic comedy starring Brad Zitt, the biggest make lead in Hollywood, and co-starring Zitt's wife, Jessica Anston.

 The plot of Space Monkeys involves the two stars playing young astronauts in the US government's space program. They are forced to live in close quarters for a six-year space journey, despite the fact that they greatly dislike each other.

 The plot pokes fun both at our government's space program, and at its reliance on Microsoft computer products. Microsoft equipment is used all over the spaceship in the Space Monkeys film and the equipment is always failing, placing the lead characters in very dangerous situations.

 Your client had previously negotiated a one million-dollar deal with Microsoft for product placement rights in the movie. True to his promise in the agreement, your client has placed Microsoft products everywhere onscreen that he could think of The agreement between the parties for this product placement does not contain any requirements regarding how Microsoft or its products are to be depicted in the movie the agreement is silent on this point.

 Microsoft has heard rumors about how its products are being shown in Space Monkeys. It has sent Joey Shapiro a letter demanding that its products be removed from the film, and for the return of its one million-dollar payment. Microsoft has threatened to obtain an injunction if its demands are not met, and plans to try to prevent the release of the film.

 Joey Shapiro asks you whether Microsoft has a claim, and if so, what causes of action can it assert. If a claim is allowed to be filed against him, Mr. Shapiro also wants to know what defenses he has. What is your advice to Mr. Shapiro?