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

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Fair Use (Fiction <-> Non-Fiction)

by jdickins Show/Hide
  1. 1 Show/Hide More Rowling v. RDR
    Original Creator: jdickins
    What commercial, non-creative use of a creative work is permissible under the fair use doctrine?
    Notes:
    This case deals with the book, The Harry Potter Lexicon, the publication of which was not authorized by J.K. Rowling and the contents of which drew on the Harry Potter series. Note how the attorneys for Ms. Rowling distinguish between the not-for-profit online version of this work and the commercial publication thereof.
  2. 2 Show/Hide More Nash v. CBS, Inc.
    Original Creator: Prof. David Post Current Version: jdickins
    Is it copyright infringement to include the central thesis of a non-fiction book in a work of fiction?
    Notes:
    Author Jay Robert Nash wrote non-fiction books about famed criminal John Dillinger, imagining that he did not die at the hands of the <span class="caps">FBI</span> but instead lived to a ripe age in California. An episode of the <span class="caps">CBS</span> police procedural Simon and Simon used this premise and Nash sued for copyright infringement. (Circuit Opinion)
  3. 3 Show/Hide More Nash v. CBS, INC.
    Original Creator: Prof. David Post Current Version: jdickins
    Is it copyright infringement to include the central thesis of a non-fiction book in a work of fiction?
    Notes:
    Author Jay Robert Nash wrote non-fiction books about famed criminal John Dillinger, imagining that he did not die at the hands of the <span class="caps">FBI</span> but instead lived to a ripe age in California. An episode of the <span class="caps">CBS</span> police procedural Simon and Simon used this premise and Nash sued for copyright infringement. (District Opinion)
  4. 4 Show/Hide More Castle Rock Entertainment, Inc. v. Carol Pub. Group, Inc.
    Original Creator: Prof. David Post
    Does the fair use doctrine protect a commercial, non-fiction book which non-critically uses information from a copyrighted work? How do we measure substantial similarity?
    Notes:
    Beth Golub wrote and Carol Publishing published a book of Seinfeld trivia called the Seinfeld Aptitude Test using information, including quotes, from the television show Seinfeld. Castle Rock Entertainment, owner of the copyright to the tv show Seinfeld, sued Carol Publishing and Golub for copyright infringement, trademark infringement, and state law unfair competition.
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May 21, 2013

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