NEWS

Cyber Red is suspected of copyright infringement and is soon banned from Disney.

Release time:

2023-03-17 13:02

 

 

Last week, more than two months after Disney filed a copyright infringement lawsuit against its retail company, the U.net redand inNetworkRetailerChristopherMartinBanned from Disney.BecauseMartinAnd his wife have been using their social media to promote and sell mouse ears, masks and other items that closely resemble Disney merchandise.

 

While the entertainment giant claimed the ban decision was to sanction annual pass violationsMartinLawyers believe this is in retaliation for his retail activities, accusing Disney of bullying too much.

 

In any case, this ban decision was made inMartinalready faced by Disney Enterprises in2022 Year12 Month29 filed in the District Court of Central Florida on the day of the copyright infringement action (Case No.6:2022cv02417). It comes after Disney claimed to have sent two cease and desist letters to the redhead couple, but they failed to take appropriate remedial action.

 

In their defense,ChristopherandHannah Martininvokes the fair use doctrine of US copyright law, arguing thatThe principleAllow the use of a "limited portion" of a copyrighted work 」. The fair use doctrine is set forth in United States Code 17 Article No.107 The article is codified as follows: "Fair use of a copyright protected work includesCopy,recording or any otherArticleThe prescribed manner, aimedcriticism, commentary, news coverage, teaching (including multiple copies of classroom useCopy）、Academicor research, is not a copyright infringement 」.

 

When determining whether the use of a work falls under the principle of fair use, four factors are usually considered:(i)Purpose and nature of use;(Ii)the nature of the copyrighted work;(iii)the effect of the use on the potential market or value of the copyrighted work;(iv)AsMartinsThe number and materiality of the parts of the use mentioned in connection with the copyrighted work as a whole. Regarding the last factor, the U.S. Copyright Office is careful to point out that "there is no legal provision that allows for a specific number of words, a specific number of notes, or a percentage of the work 」.

 

In other words, it will be up to a U.S. district judge to judge the facts of the case and the relevant evidence presented by the parties.MartinWhether a couple's use of Disney's copyrighted property constitutes fair use. Judgewill be possibleruling,net redThe portion of such property used by couples in the number and/or substantial, rather than "limited.