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ausip:copyrightdefences [2019/09/11 15:05]
nic
ausip:copyrightdefences [2019/09/11 15:05]
nic
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 <WRAP case> <WRAP case>
-__//​Leibovitz v. Paramount Pictures Corp.// ((137 F.3d 109 (2d Cir. N.Y. 1998) ))__+__//​Leibovitz v. Paramount Pictures Corp.//__ ((137 F.3d 109 (2d Cir. N.Y. 1998) ))
  
 * Paramount photoshopped Leslie Nielsen’s head onto a photo of a naked pregnant woman, mimicking the famous portrait of Demi Moore by Annie Leibovitz for Vanity Fair. * Paramount photoshopped Leslie Nielsen’s head onto a photo of a naked pregnant woman, mimicking the famous portrait of Demi Moore by Annie Leibovitz for Vanity Fair.
  
 * Second Circuit found fair use: the studio’s use was a transformative parody because it imitated the original for comic effect or ridicule. * Second Circuit found fair use: the studio’s use was a transformative parody because it imitated the original for comic effect or ridicule.
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 </​WRAP>​ </​WRAP>​
  
 <WRAP case> <WRAP case>
-__//Sun Trust v Houghton Mifflin// ((268 F.3d 1257 (11th Cir. 2001) ))__+__//Sun Trust v Houghton Mifflin//__ ((268 F.3d 1257 (11th Cir. 2001) ))
  
 * Alice Randall wrote ‘The Wind Done Gone’, reinterpreting Margaret Mitchell’s classic Gone with the Wind from the point of view of Cynara, a slave. * Alice Randall wrote ‘The Wind Done Gone’, reinterpreting Margaret Mitchell’s classic Gone with the Wind from the point of view of Cynara, a slave.
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 * The Court held that the use was not fair use, as ageing the character and placing him in new settings was not particularly transformative,​ particularly as the character’s personality was largely unchanged. * The Court held that the use was not fair use, as ageing the character and placing him in new settings was not particularly transformative,​ particularly as the character’s personality was largely unchanged.
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 </​WRAP>​ </​WRAP>​
  
  • ausip/copyrightdefences.txt
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