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Wednesday, October 31, 2012

postheadericon Faulkner Estate Sues Sony Pictures Because Owen Wilson Quoted Nine Words (Incorrectly)

. We heard all sorts of claims of copyright crazy, but sometimes you get one that just sit and admire the incredible audacity to be taken by a lawyer to actually go ahead and file a complaint . This is one of those moments. The estate of William Faulkner, Faulkner literary rights LLC, filed a lawsuit against Sony Pictures Classics and many film distributors Woody Allen Midnight in Paris



At one point in the film, the main character, played by Owen Wilson, a word misquotes William Faulkner cites nine. Quoting directly from the application:
In describing their experiences, Pender speaks in the following terms (the "offenders budget")., "The past is not dead, in fact not even past You know who said that? Faulkner. Was he right. And I found too. I met him at a dinner. "

The offending quote is taken from a passage from William Faulkner's "Requiem for a Nun" ("The Book"), which reads: ".. The past is never dead is not even past "(" The initial budget ").

Claims trial that the book was first recorded in the office of copyright in 1951 and renovated in 1979. I do not think anyone doubts that the copyright in the book is legitimate - but seriously? He cited nine words (actually eight if you drop a mistake in the quote). This must be considered as fixed or minimum fair use, at least. And, seriously, what kind of damage has property Faulkner actually happened here? presentation misconception of the nature of copyright, arguing that it has the exclusive right to reproduce or distribute the budget - completely ignoring fair use or de minimis use the opportunities that push this "exclusive right". Beyond that, try an even more ridiculous fall into Lanham Act (Act marks) claiming (absurdly):

Using the offending quote and the name of William Faulkner movies offenders are liable to create confusion, mislead and / or deceive the audience of the film offenders in terms of affiliation, connection or perceived association between William Faulkner and his works, on the one hand, and Sony, on the other hand.

Using the offending quote and the name of William Faulkner movies offenders are liable to create confusion, mislead and / or deceive the audience of the film offenders as to the origin, sponsorship or approval of Sony products, services or business of William Faulkner and / or written.
For we can not think to ask ...

exactly who might be confused by this

? Really. Faulkner died in 1962. I do not think anyone thinks that is officially affiliated with the film. Hell, even if it was

vivo
we talk eight words
distorted

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