Is the StarTrek themed comic book, 'Oh, the Places You'll Boldly Go!', a market substitute for Dr. Seuss' famous 1990 work? In a closely-followed copyright case, the Ninth Circuit Court of Appeals heard dueling arguments on this question
. Now, on appeal, the dispute has caught the attention of the Motion Picture Association, the studio behindThe first pertains to the first factor under the test that determines whether something is a fair use. That being, the purpose and character of the use. At the district level, U.S. District Judge Janis Sammartino found thatwas "highly transformative," but this marks the first time that an appeals court has grappled with the genre of mashups.
An attempt to place mashups on par with parody in terms of copyright law didn't sit well with Ninth Circuit Judge M. Margaret McKeown.
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