A “Sharknado” Clears Woody Ellen Film of Copyright Infringement.

 Sharknado, the Syfy television movie that took Twitter by storm earlier this month, has even made its way into a federal court opinion. A federal judge referenced the disaster movie in a copyright infringement case involving Woody Allen’s film, Midnight in Paris.

“The court has viewed Woody Allen’s movie, ‘Midnight in Paris,’ read the book, ‘Requiem for a Nun,’ and is thankful that the parties did not ask the court to compare ‘The Sound and the Fury’ with ‘Sharknado,'” the opinion states.

The copyright infringement lawsuit against Sony Pictures involved a single line taken from a William Faulkner novel. Owen Wilson’s character says, “The past is not dead. Actually, it’s not even past. You know who said that? Faulkner, and he was right. I met him too. I ran into him at a dinner party.”

While the movie line closely resembles a line from Faulkner’s novel, Requiem for a Nun, Judge Michael P. Mills held that the doctrine of fair use applied. “At issue in this case is whether a single line from a full-length novel singly paraphrased and attributed to the original author in a full-length Hollywood film can be considered a copyright infringement,” Mills wrote. “In this case, it cannot.”

As the judge further explained, “The copyrighted work is a serious piece of literature lifted for use in a speaking part in a movie comedy, as opposed to a printed portion of a novel printed in a newspaper, or a song’s melody sampled in another song. This transmogrification in medium tips this factor in favor of transformative, and thus, fair use.”

How Can I Help?

If you, or someone you know, need any help with Intellectual Property issues, from filing a patent, trademark or copyright, or just need advice regarding how best to protect your inventions, ideas or your brand, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

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