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In cases of copyright infringement of a fictional character, a two-step test developed by the American Courts has to be satisfied. [25] Firstly, it must be established that the character in question is capable of being copyrighted. Secondly, it must be demonstrated that there has been an infringement of this unique expression. [26]
Under this definition, it is possible for the names and likenesses of television, film and book characters, fictional accounts, settings, or other elements of entertainment products to act as trademarks. Unlike copyright, however, trademark rights are not automatic. To establish a right in trademark, the rights-seeker must establish that his ...
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The plaintiffs, DC Comics, claimed the infringement of their copyright as the replicas sold by Mark were similar to the ones that appeared in 1966 television show Batman and the 1989 film Batman. The issue discussed by the court was "whether a character in a comic book , television program or motion picture is entitled to copyright protection".
The Air Pirates claimed that the characters could be used for satirical purposes per the fair use doctrine of American copyright law. [5] To raise funds for their defense, the Air Pirates continued to sell copies of the comics plus custom-made artwork satirizing Disney characters at comic book conventions. [2]
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For proving a case of copyright infringement Seuss proved that he held a valid copyright to The Cat in the Hat by owning copyright registration certificates and demonstrated substantial similarity in a two-part test where a subjective and objective analysis of expression was performed. The court determined that substantial similarity exists ...
The Court concluded that the Defendants are entitled to their motion for summary judgment because Anderson's script is an infringing work not entitled to copyright protection. The Court determined that the characters from the original movies were afforded copyright protection, using a standard borrowed from Judge Learned Hand in Nichols v.