Walt Disney Productions v. Air Pirates, 581 F.2d 751 (1978) p.626

SUBJECT

fair use

FACTS

Defendants used Disney characters in sexual illistrations.

ISSUE

Whether defendant's use of the Disney characters falls within the fair use doctrine.

RULE

Cannot completely copy something in a parody. Just enough so that the viewer knows what is being parodying.

RATIONAL

The defendants' cartoons fail to pass muster under the conjuring up standard announced because they too more than was necessary to recall the Disney characters to the reader. Don't want to copy, just enough to bring up the image in the viewer's mind.

NOTES

Want to see if the parody is effecting the commercial value of the original work. Being an equitable doctrine, the courts take this into consideration.

Created on: Thursday, October 21, 1999 at 19:09:03 (PDT)