Cannabis News

Sometimes, the Parody Defense to Copyright Infringement Works!

As a cannabis intellectual property litigator, part of my job is to help clients conduct cost-benefit and risk analyses. My colleagues and I have written several articles about the “parody” defense in cannabis intellectual property litigation, and why it’s a very specific defense that people tend to overplay. operate in most cases. While this remains true, it is fair to also write about instances where it Is work — such as in a New York court’s decision this week to deem a sketch comedy group theatrical production titled “Vape” a fair use of the acclaimed musical “Grease.”

The arguments of the parties

Plaintiff Sketchworks Industrial Strength Comedy, Inc. filed suit in the Southern District of New York seeking declaratory relief that Vape does not infringe the copyrights of defendants James Jacobs and Warren Casey on Grease. (FYI, James Jacobs and Warren Casey are the co-authors of Grease.) Sketchworks holds its own copyright to Vape. Vape depicts the same characters and features parts of well-known Grease songs. But, Sketchworks claims that Vape is a parody of Grease:

[It] “pokes fun at various nonsense in Grease” and “uses millennial slang, popular culture, a modern lens, and exaggeration to comment on plot, structure, issues

Read the full article at HarrisBricken

#Parody #Defense #Copyright #Infringement #Works

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