Fair Use (Fiction -> Fiction) | jdickins | July 31, 2012

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Fair Use (Fiction -> Fiction)

by jdickins Show/Hide
  1. 1 Show/Hide More WILLIAMS v. CRICHTON
    Original Creator: jdickins
    How does one determine “substantial similarity” between two works which share settings, themes, and stock characters?
    Notes:
    Geoffrey T. Williams wrote a series of children's books set in “Dinosaur World” which told the story of a family, which included a brother and a sister, who travel to visit dinosaurs. He sued the owners of the copyright for the “Jurassic Park” book and movie for infringing his copyright.
  2. 2 Show/Hide More NICHOLS v. UNIVERSAL
    Original Creator: Prof. David Post
    Can you copyright a plot?
    Notes:
    Anne Nichols was the author of the play “Abie’s Irish Rose,” which was about the conflict between the families young lovers of different religions in New York City. Universal publicly produced a motion picture play (read: movie) titled: “The Cohens and The Kellys,” which is also about the conflict between the families of two young lovers of different religions in New York City. Nichols sued Universal because Nichols believed the plots of their works were too similar for copyright infringement not to have occurred.
  3. 3 Show/Hide More Campbell v. Acuff-Rose Music, Inc.
    Original Creator: Prof. David Post
    Can a commercial parody be protected by the fair use doctrine? How much of the parodied work can a parody take?
    Notes:
    Rappers 2 Live Crew's wrote a commercial parody of Roy Orbison's song, “Oh, Pretty Woman,” titled “Pretty Woman” which made use of the same phrases and structure of Orbison’s work. 2 Live Crew contacted the company to which Orbison had assigned his copyright, Acuff-Rose, for permission to parody “Oh, Pretty Woman.” Acuff-Rose refused and 2 Live Crew released their work anyway. Acuff-Rose sued for copyright infringement.
  4. 4 Show/Hide More Salinger v. Colting
    Original Creator: jdickins
    When is an unauthorized sequel protected by the fair use doctrine and/or considered a parody?
    Notes:
    This case deals with the book 60 Years Later: Coming Through the Rye by J.D. California which was written to function as an unauthorized sequel to J.D. Salinger's Catcher in the Rye.
  5. 5 Show/Hide More SUNTRUST BANK v. HOUGHTON MIFFLIN COMPANY
    Original Creator: jdickins
    What is required for a book to be protected as a parody by the fair use doctrine?
    Notes:
    This deals with the retelling of Gone with the Wind, The Wind Done Gone, which tells a first-person narrative from the perspective of Cynara, the illegitimate daughter of Planter, a plantation owner, and Mammy, a slave who cares for his children.
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May 21, 2013

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