Faith Ringgold v. Black Entertainment Television, Inc., Home Box Office, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that purpose factor favored copyright owner where defendant used “work for precisely a central purpose for which it was created”
• holding use of a poster as decoration - \a central purpose for which it was created\ - not transformative
• explaining that “‘substantial similarity’ is more properly used, after the fact of copying has been established, as the threshold for determining that the degree of similarity suffices to demonstrate actionable infringement”
• finding no transformative use where defendant’s use of a copyrighted design as a set decoration had the same purpose—decorative display-—as plaintiffs product bearing that design
• finding no de minimis use where a visual work appeared cumulatively for twenty-seven seconds of a twenty-four-minute episode, i.e. comprising 1.88 percent of screentime
• endorsing continued validity of Italian Book Corp. v. Am. Broad. Cos., 458 F. Supp. 65, 71 (S.D.N.Y. 1978), which found fair use by news broadcast of song captured during report on street parade

Source: CourtListener parenthetical corpus (CC0).