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Civil Litigation,
Intellectual Property,
Entertainment & Sports

Oct. 29, 2019

Why a flexible fair use inquiry best promotes copyright’s purpose

“Oh the Places You’ll Boldly Go!,” a literary “mash-up” that places characters from the “Stark Trek” universe in settings based on the world of Dr. Seuss, was bound to attract the attention of both diehard Trekkers and Doctor Seuss’ legal team.

Erik Stallman

Assistant Clinical Professor of Law
UC Berkeley School of Law

Erik is the associate director of the Samuelson Law, Technology & Public Policy Clinic at UC Berkeley.

"Oh the Places You'll Boldly Go!," a literary "mash-up" that places characters from the "Stark Trek" universe in settings based on the world of Dr. Seuss, was bound to attract the attention of both diehard Trekkers and Doctor Seuss' legal team. Now that the case is before the 9th U.S. Circuit Court of Appeals, the court will have to revisit fundamental questions in the analysis of fair use, the copyright doctrine that protects expression by rendering certain uses of c...

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