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Topic: A court case of a well-know super 8mm dealer, Ebay etc
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Gerald Santana
Phenomenal Film Handler
Posts: 1060
From: Cottage Grove OR
Registered: Dec 2010
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posted October 31, 2011 12:44 PM
Hi Guys,
A docket is the courts calendar, those are the events in a complaint (petition) filed against Jef Films, eBay and other parties. The fee on 5/05 to file this petition was $250.
By 06/05 there were affidavits sent to all parties noted as Defendants in the case, these are sworn statements made to gather evidence from participatnts that may not be available to testify in the case.
Around 8/05 there were motions set for a pre-trial hearing but, no one could make up their mind when!
On 10/05 there was a letter sent to the adversary (all parties opposing: eBay, Jef Films, etc.) to continue from the lawyer of the plaintiff.
By 12/05 another letter is sent to the Judge, this time he denies the application, and decides to wait it out. The Judge is really smart here, he is either waiting for the adversary to settle the case or is letting them figure it out "out of court" because the costs for pre-trial, jury selection, etc., will get very expensive for all.
By 12/05, all parties have settles out of court: "STIPULATION OF SETTLEMENT; in full settlement of all statutory and common law claims for copyright violation Defendants shall pay to Plaintiff the sum of $7,500 by check made payable to...", the plaintiffs Attorney of course!
The rest of the month was spent closing out the case with a "Settlement Agreement", just in time for Christmas! Judges have a way of handling petitions, that in most cases, will try to satisfy all parties before it starts getting to costly.
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http://lostandoutofprintfilms.blogspot.com/
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Osi Osgood
Film God
Posts: 10204
From: Mountian Home, ID.
Registered: Jul 2005
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posted October 31, 2011 02:21 PM
What was the actual case about? Any film in particular?
Boy, Jef films goes waaaaaaay back!
Perhaps it was a film that at one time was copyright free, (like all those pre 1949 warner brother cartoons that were put out on super 8), but these days, either the parent company or someone else has placed a copyright on.
It's always been one of the things that Gian and I have really thought a lot on. Most of the stuff I have looked at to release has been copyrighted either in near past or a long time ago, and you have to be oh so careful with all that ...
Hell, for all I know, I have been copyrighted!
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"All these moments will be lost in time, just like ... tears, in the rain. "
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Gerald Santana
Phenomenal Film Handler
Posts: 1060
From: Cottage Grove OR
Registered: Dec 2010
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posted October 31, 2011 04:40 PM
I tried to describe what transpired but, maybe putting it simply might help.
I'm not lawyer but, I understand the terminology. The nature of this case is about Property Rights - Copyrights, while the basis is Copyright Infringement.
The Paintiff is the person who is suing. In this case, the "well know dealer" filed a petition in May on his own but could not proceed to a pretrial hearing without counsel (a Lawyer). By 10/05 he hires a lawyer to proceed after he sends an adversary to the defendants. It is clear by 11/05 that they will settle out of court, the sum of $7,500 goes to the "well known dealer's" attorney. In all, the "well known dealer probably got about $4000 and depending on NY law, he may have had to pay some of it ($400-800) in taxes.
The petitions and responses are in the Public Domain however, you must be present at the Courthouse to print out the paperwork. This is a case about distribution of films, not screening or buying films. My guess is that the "well know dealer" and Jeff Aikman were at odds over the property rights to a film that was sold on ebay by "well known dealer" to a DVD distributor.
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http://lostandoutofprintfilms.blogspot.com/
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