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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]
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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 ...
Fictitious entries may be used to demonstrate copying, but to prove legal infringement, the material must also be shown to be eligible for copyright. However, due to Feist v. Rural decision that "information alone without a minimum of original creativity cannot be protected by copyright", there are very few cases where copyright has been proven ...
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Case Citation Year Vote Classification Subject Matter Opinions Statute Interpreted Summary; New York Times Co. v. Tasini: 533 U.S. 483: 2001: 7–2: Substantive: Collective works
Disney Enterprises, Inc. v. VidAngel, Inc. was a 2016 United States District Court for the Central District of California case in which four major Hollywood studios -- Disney, Lucasfilm, 20th Century Fox, and Warner Bros.—filed a copyright infringement complaint against VidAngel, a company which allows users to filter out objectionable ...
McDonald's character Mayor McCheese (left) and Sid and Marty Krofft's character H.R. Pufnstuf both are fictional mayors that possess disproportionately large round heads. The court found that both the extrinsic and intrinsic tests showed that there was substantial similarity, rejecting the defendants' detailed list of differences, which the ...