you just don't copy -- not ever. Elvis Presley "the Brand" is one of those.
Ubiquitous, well-known, and very valuable, the unlicensed copying of Elvis is
like robbing Fort Knox -- it's very bold.
Elvis Presley Enterprises filed a copyright/trademark action accusing a video
distributor of wilfully engaging in infringing activity consisting of the
manufacture, distribution, marketing, promotion and sale of a CD/DVD box set
entitled, Elvis 77 - The Final Curtain.
complaint is an interesting read as much for the infringement's clandestine
nature as for the restrictive grip Elvis Presley Enterprises maintains on a 1977
TV program referred to as, "Elvis in Concert" or "the CBS Special."
to the complaint, the video distributor offered and distributed a copy of Elvis'
third and final TV special (the CBS Special), which has never been released in
its entirety. Plaintiffs have long guarded against releasing the CBS Special, asserting
Because of the
severity of Elvis' health problems at the time the special was shot, Elvis was
far from his best in the way he looked and the way he performed .... There just
simply is no way to get it [the footage] only to the real fans (and we've
exhausted all kinds of ideas) without also having Elvis served up to the
general public and press for ridicule. They already emphasize and exaggerate
the tragedy and sadness of the last years of his life too much.
distribution, the video distributor allegedly sent out an email, the subject of
which was "Press Release: Boxcar 'Elvis 77' New Trailer" and which
contained the following admonition in bold:
"PLEASE KEEP THIS
E-MAIL STRICTLY BETWEEN US, AND DO NOT FORWARD IT TO ANYONE. THIS IS VERY
IMPORTANT IF YOU WISH TO SEE THIS BECOME A REALITY."
Enterprises sued the video distributor, Bud Glass Productions, in the Northern
District of Florida, accusing the distributor of trademark infringement, trademark
counterfeiting, trademark dilution, copyright infringement, unfair competition,
and false endorsement/false designation of origin.
View or download the entire complaint filed in Elvis Presley
Enterprises, et al. vs. Bud Glass Productions, et al., 4:11-cv-00050 (N.D.
For a broader understanding of this case, see:
Presley Enters. v. Passport Video, 357 F.3d 896 (9th Cir. Cal. 2004)
Presley Enters. v. Capece, 141 F.3d 188 (5th Cir. Tex. 1998)
Presley Enterprises, Inc. v. Elvisly Yours, Inc., 936 F.2d 889 (6th Cir. Tenn.
of Presley v. Russen, 513 F. Supp. 1339 (D.N.J. 1981)
Lexis.com subscribers can view briefs, pleadings and motions related to the aforementioned
can purchase relevant briefs,
pleadings and motions using lexisOne's Research Value Package.
What a stupid comment from epe that they have exhausted all ways of making sure the cbs footage only gets to the fans. All they have to do is only make it available from the graceland shoping compex!! It's not rocket science is it?