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person's prior consent, or, in the case of a minor, the
prior consent of his parent or legal guardian, shall be
liable for any damages sustained by the person or
persons injured as a result thereof....
See Restatement (Second) of Torts S 652C (1977).
See R. Greenstone, A Coat of Paint on the Past?
Impediments to Distribution of Colorized Black and White Motion
Pictures, Vol. 5, No. 2 Entertainment & Sports Lawyer 12, 17
Cohen, Duration, 24 U.C.L.A. I Rev. 1180 (1977).
84. Lugosi v. Universal Pictures, 25 Cal. 3d 813, 820, 160
Cal. Rptr. 323, 327 (1979), citing w Prosser, The Law of Torts &
actually 17 U.S.C. $ 1125(a) which provides:
Any person who shall affix, apply, or annex, or use in
connection with any goods or services, or any container
or containers for goods, a false designation of origin,
or any false description or representation, including
words or other symbols tending falsely to describe or
represent the same,
and shall cause such goods or
services to enter into commerce, and any person who
shall with knowledge of the falsity of such designation
of origin or description or representation cause
procure the same to be transported or used in commerce
or deliver the same to any carrier to be transported or
used, shall be liable to a civil action by any person
doing business in the locality falsely indicated as
that of origin or in the region in which said locality
is situated, or by any person who believes that he is
or is likely to be damaged by the use of any such false
effective disclaimer, i.e. one disclaimer at the beginning of the
broadcast or several disclaimers throughout. 538 F.2d at 25, n. 13
In spite of this difference, it does seem apparent
that a disclaimer would at some level become "effective" and thus
prevent a Lanham Act violation.
See supra note 25 and accompanying text.
See Art Laws Don't Protect Films From Alteration, supra
These states are New York, California, Massachusetts and
Ownership of a copyright, or of any of the exclusive
rights under a copyright, is distinct from ownership of
any material object in which the work is embodied.
Transfer of ownership of any material object, including
the copy or phonorecord in which the work is first
fixed, does not of itself convey any rights in the
copyrighted work embodied in the object;
absence of an agreement, does transfer of ownership of
a copyright or of any exclusive rights under a
copyright convey property rights in any material
95. A typical statute, The California Art Preservation Act,
provides in relevant part:
No person, except an artist who owns and possesses a
work of fine art which the artist has created, shall
intentionally commit, or authorize the intentional
commission of, any physical defacement, mutilation,
alteration, or destruction of a work of fine art.
Cal Civil Code : 987(c)(1).
Mass.Gen Lars Ann. c. 231, 8 855(b) defines "fine art"
"any original work of visual or graphic art of any media
which shall include, but not limited to, any painting, print,
drawing, sculpture, craft object, photograph, audio or video
tape, film, hologram, or any combination thereof, of recognized
See supra note 96.
The Massachusetts Act denies protection to "art...
created by an employee within the scope of his employment".