Detective Comic, Inc. v. Bruns Publishing, Inc., 111 F.2d 432 (1940) p.265

SUBJECT

Copyrightable material -

FACTS

Holder of copyrights and trademarks brought action for infringement against parodists.

PROCEDURE

The United States District Court of Appeal for the Northern District of California, Albert C. Wollenberg, District Judge, 345 F.Supp. 108, entered judgment in favor of holder and parodists appealed.

ISSUE

In order to be copyrightable infringement you have to copy some copyrightable features. Here some of the acts of the character were copied.

RULE

In order to be copyrightable infringement you have to copy some copyrightable features. Here some of the acts of the character were copied. The acts constitute original and creative and therefore the acts are copyrightable subject matter.

HOLDING

The Court of Appeals, Cummings, Circuit Judge for the Seventh Circuit, sitting by designation, held that: (1) cartoon characters were copyrightable; (2) defense of fair use was not available where the copying had been more exact than was necessary for the parodists' purposes; (3) First Amendment did not bar imposition of liability on parodists, but (4) record was not sufficient to justify summary judgment in favor of the holder on the issues of trademark infringement and unfair competition. Affirmed in part and reversed and remanded in part.

RATIONAL

The features and acts of the character were original and therefore copyrightable.

POLICY/NOTES