Copyright term, film labeling, and film preservation legislation : hearings before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 989, H.R. 1248, and H.R. 1734 ... June 1 and July 13, 1995 (1996)

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129 Finally, Section 43(a) of the Lanham Act already provides remedies to ensure that consumers are not deceived. Not only does the Lanham Act exist to protect consumers from misrepresentation, it also provides remedies for individual artists whose reputation is injured as a result of misrepresentation. In the event a director, screenwriter, or cinematographer felt that edits had seriously altered his work, he or she could pursue relief under the Lanham Act. The landmark case on this subject is Gilliam v. ABC, Inc.. 538 F2d 14 (2nd Cir. 1976). In that case, the court found that an allegation by Monty Python's creator of a mutilation of his work 24 minutes of a 90 minute Monty Python work were edited out by ABC stated a cause of action under Sec. 43(a) of the Lanham Act, 15 U.S.C. 1 125(a). In a March 4, 1 992 letter, then Commerce Department General Counsel Wendell Wilkie recognized that the broad application of Section 43 has protected authors from misrepresentation.' It opposed the amendment of the Lanham Act to create additional rights for film artists.^ In a 1989 Patent and Trademark Office report to Congress, it found that Section 43 is functioning in the way that Congress intended, as a broad, unifonn law regulating unfair competition, and that amending the law to cover one specific industry was ' March 4, 1992 Letter Of Commerce Department General Counsel, Wendell Wilkie to Honorable William Hughes, Chairman of the Subcommittee on Intellectual Property and Judicial Administration, regarding H.R. 3051 ("Film Disclosure Act of 1991"). 'Id. 14