Bloomberg Law®, an integrated legal research and business intelligence solution, combines trusted news and analysis with cutting-edge technology to provide legal professionals tools to be...
Nov. 6 --A 1982 bill of sale that purportedly transferred ownership rights to footage from Evel Knievel's early years as a stuntman did not clearly demonstrate an intent to transfer Knievel's copyright interest in the footage, the U.S. District Court for the District of Nevada held Nov. 1, bringing an end to a long-running dispute between Knievel's heirs and a party claiming ownership rights in the early footage (Raymond G. Schreiber Revocable Trust v. Estate of Knievel, D. Nev., No. 2:05-cv-00574-LDG-PAL, 11/1/13).
The court ruled in favor of Knievel's estate on the plaintiff's declaratory judgment action seeking an order recognizing it as the rightful owner of the footage in question. The plaintiff, the court ruled, was unable to demonstrate that there was a meeting of the minds with respect to the 1982 agreement--which did not specifically identify the footage--and therefore the copyrights to the footage belonged to Knievel's heirs, the court said. In particular, the court noted that none of the parties to the 1982 agreement “consistently acted as if the film rights bill of sale conveyed the rights in question.”
Moreover, even if an assignment had been made, the relevant footage was all shot before 1978 and therefore the original 28 year copyright term would have expired, the court noted. No subsequent written agreement exists that would entitle the plaintiff to the renewal term, and indeed the footage was not even registered during that initial term.
“Therefore, even assuming a valid copyright assignment of the Knievel stunt footage had been made to plaintiffs through the film rights bill of sale, the term of that assignment has expired,” the court held.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)