News Pick Famed quotation isn't dead -- and could even
prove costly.
You're first impression might be that the Faulkner estate
is claiming something that should be covered by Idea-Expression Merger doctrine,
in particular based on the misquote. More readily a defense of lack of
substantial similarity might be appropriate (see A. The Idea-Expression Cases and Other Copyright Principles in The
Idea-Expression Dichotomy In Copyright Law by Edward Samuels.
Substantial
similarity leads to the third factor in the four factor test of 17 USC ยง 107 (Fair
use):
- the purpose and character of the use, including whether such use
is of a commercial nature or is for nonprofit educational purposes;
- the
nature of the copyrighted work;
- the amount and substantiality of the
portion used in relation to the copyrighted work as a whole; and
- the
effect of the use upon the potential market for or value of the copyrighted
work.
Contrary to "It puzzles me that people think size matters"
as expressed by Mr. Caplin, it appears size does matter. The amount of copying
alleged is restricted to 9 words in a misquote out of the entirety of Requiem for a Nun
compared to the movie version of 'Midnight in Paris'. There should be a marked
lack of substantial similarity, noting an allusion was made to the Wilson
character having met Faulkner and attribution given for the misquote.
[ Reply to This | Parent | # ]
|