copyrights

Question 1

salinger v colting

Answer 1

D’s use of author Salinger’s works = CR infringement. No FU
D was free-riding on Salinger’s creation
For FU, the new work must either be criticism/parody of original work

Question 2

Suntrust

Answer 2

author of ‘wind done gone’ can rely on FU

changing gaze in the new work = critical of original works

Question 3

criticism of salinger-suntrust

Answer 3

inconsistent approach. tenuous distinctions.

test of whether or not the new works seem to be critical enough of the original work = flimsy & overly subjective

Question 4

Paramount v Axanar

Answer 4

D cannot rely on FU. D was wilfully aware of hte infringing nature of their work.

Question 5

criticism of salinger-paramount

Answer 5

‘transformativeness’ element of FU test = arbitrary results

Question 6

campbell

Answer 6

sampling of ‘oh little woman’ = FU defence

Question 7

bridgeport

Answer 7

sampling of a few-second guitar chord = no FU

Question 8

stichting brein

Answer 8

Dutch court held, fansubbing = no FU under Dutch law