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· 7/10/1986

Marvin Fisher D/B/A Marvin Music Company and Jack Segal v. Rick Dees, Atlantic Recording Corporation, Warner Communications, Inc.

Citations

  • 794 F.2d 432
  • 230 U.S.P.Q. (BNA) 421
  • 13 Media L. Rep. (BNA) 1167
  • 1986 U.S. App. LEXIS 26879

How courts have described this case

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

  • “infringement occurs when a parody supplants the original in markets the original is aimed at, or in which the original is, or has reasonable potential to become, commercially valuable”
  • finding fair 3 use where the operative facts were undisputed or assumed
  • \Self-esteem is seldom strong enough to permit the granting of permission even in exchange for a reasonable fee\
  • “As a rule, a taking is considered de minimis only if it is so meager and fragmentary that the average audience would not recognize the appropriation.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ko-Zinski, Sneed, Wallace

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.