PUBPOL 373 Lecture Notes - Lecture 2: Intellectual Property, Video Game Graphics, Hugo Zacchini
Document Summary
He performs a human cannonball act in which he is shot from a cannon into a net some 200 feet away. A freelance reprorter for scripps-howard broadcasting co. , the operator of a television broadcasting station and respondent in this case, attended the fair. Petitioner noticed the reporter and asked him not to film the performance. The reporter did not do so on that day; but on the instructions of the producer of respondent"s daily newscast, he returned the following day and videotaped the entire act. This film clip, approximately 15 seconds in length, was shown on the 11 o"clock news program that night, together with favorable commentary. He is engaged in the entertainment business. The act he performs is one invented by his father and performed only by his family for the last fifty years. Respondent showed and commercialized the film of his act without his consent and such conduct was an unlawful appropriation of plaintiff"s professional property.