Oh, the places you won’t go – Fair use defense fails for mashup

Description

Abstract: The fair use defense to copyright infringement traces its roots back to an 1841 case involving the use of George Washington’s writings for a biography. To say things have become more complicated is an understatement, as demonstrated by a recent fair use case that considered a “mashup” combining elements of Dr. Seuss with elements of the TV show “Star Trek.” This article reviews the case and the fair use defense, while a short sidebar reveals why the plaintiff lost its trademark claim. Dr. Seuss Enterprises, L.P. v. ComicMix LLC, No. 19-55348 (9th Cir. Dec. 18, 2020).