Carlson Dash Digest – May 2016

The devil is in the details! This month we take a look at easements and the potential for adverse claims stemming from them. We also review a copyright case tied to a Star Trek “fan film” in which the defendant’s argument was over just how many details were truly enough. Please be sure to check out new legal developments in our most recent blogs on overtime regulations and expansion of creditors’ rights.

As we head into this Memorial Day weekend, please take a moment to remember and honor those who gave all for our country. Thank you.

Paying It Forward

Last month, Kurt Carlson participated in a discussion on careers in the law at Warren High School in Gurnee. The purpose of the event was to educate juniors and seniors on careers in the legal field, including what classes and practical experience best prepares one for a career in the legal profession.

Kurt spoke to several classes throughout the day and was impressed by the questions the kids asked. Kurt enjoyed the experience and was left believing that students entering law school today have a much better idea of what is in store for them through law school and once licensed to practice law because of the level of information that is available to them through events such as this and on the internet.

Case Study: Whose Property Is It?

ABC Corp. is looking at selling high value real estate, but it is concerned with a potential adverse possession claim. To learn more about how to identify, assess and prevent adverse possession claims from destroying your commercial real estate transaction, read the full case study.

Beam Me Up, Scotty!

Last month’s article on DIY Law discussed potential pitfalls when handling a lawsuit without the guidance of an attorney. The copyright case dealing with a Star Trek “fan film” is an interesting example of the complexities of the law even when you do have an attorney guiding you.

Paramount Pictures and CBS Studios filed suit against independent production company Axanar Productions because of Axanar’s Kickstarter campaign to fund a Star Trek “fan film.” Paramount and CBS each own certain copyright interests in Star Trek and in their amended complaint listed almost thirty pages of characters, alien races, costumes, settings, plot points and other Star Trek features to be used in Axanar’s “fan film” that would infringe on the copyrights. Axanar filed a motion to dismiss arguing that the Plaintiffs were not specific enough because Plaintiffs’ complaint did not list “exactly which movie, book or TV episode” Axanar was allegedly infringing upon.

The US District Court for the Central District of California disagreed and denied Axanar’s motion to dismiss because the Plaintiffs did “define the Star Trek Copyrighted Works and include a detailed description of the allegedly infringing elements.” The Court also denied the Language Creation Society’s bid to file an amicus brief. Their brief would have argued that the Klingon language could not be subject to copyright law. Read more on this case.

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© Carlson Dash. May 2016 Issue.

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