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- Title
A Pattern of Infringement: The Use of Copyrighted Fabrics in Film.
- Authors
Larsen, Devinn
- Abstract
219 Whether textile designers retain protection over their copyrighted fabric patterns that appear in film, like copyrighted works in stock video backgrounds, has "no direct case precedent." 205 Courts have had mixed results applying the fair use analysis to copyright infringement cases, especially as they relate to materials in film backgrounds. 226 With the increase of copyright infringement suits by textile designers, the need for recognized copyright protection in film is apparent. Co. Inc., 499 U.S. 340, 361 (1991) (discussing requirements for federal copyright suit as "To establish copyright infringement, a plaintiff must prove two elements: (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original."). 49 Artists, or copyright holders, automatically receive protection when they create their designs, but they may face difficulties proving ownership in litigation because filing a federal suit for infringement requires copyright registration.
- Subjects
FAIR use (Copyright); AMERICAN law; ROYALTIES (Copyright); COPYRIGHT lawsuits; TEXTILE design; FILM adaptations
- Publication
University of the Pacific Law Review, 2020, Vol 51, Issue 1, p101
- ISSN
2379-4895
- Publication type
Article