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Paramount Pictures Corp. v. Axanar Productions, Inc. - "Star Trek" Copyright Infringement Case

By Cynthia Arato

Essentially on the eve of trial of a copyright infringement case against the producers of an unauthorized "prequel" to the "Star Trek" enterprise -- of which only a trailer was produced, and which was to be distributed for free -- an L.A. District Court Judge made several substantive rulings, including:

a) that the Ninth Circuit's "objective extrinsic similarity" test had been met;

b) that the Circuit's "subjective substantial similarity" test was for the jury;

c) that the character "Garth of Izar" "is entitled to copyright protection";

d) "all four factors" compel the rejection of the defendants' "fair use" defense; and

e) the issue of willfulness was for the jury.

The Order is available here: paramount.pdf

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This page contains a single entry from the blog posted on January 5, 2017 5:00 PM.

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