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Lincoln Enterprises was not a violator of any copyright. It had exclusive rights to sell merchandise from the franchise without legal recourse.

The original Star Trek property was owned by both Paramount and the Roddenberry estate (Norway Productions), and has only recently been challenged by the Paramount legal department. According to Eugene, the situation is currently being worked out between the two parties and is apparently close to reaching a resolution.
 

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Discussion Starter #124
Darth Bill said:
Wow, Chuck, you write a LOT
I still feel, as I did several posts ago, "But anyhow, one thing is for sure. It does appear we have talked this subject almost to death. I think most people know everyone's position by now."

But guys still keep insisting on slicing the discussion into thinner and thinner slices...

And I often bite when I should pass...

like just now...:)
 

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Ok, to bring things back to the original topic, accurizing kits.

I ran across this a few minutes ago, and thought it should be posted here.
Question: What is copyright infringement? Are there any defenses?




Answer: Infringement occurs whenever someone who is not the copyright holder (or a licensee of the copyright holder) exercises one of the exclusive rights listed above.

The most common defense to an infringement claim is "fair use," a doctrine that allows people to use copyrighted material without permission in certain situations, such as quotations in a book review. To evaluate fair use of copyrighted material, the courts consider four factors:
  1. the purpose and character of the use
  2. the nature of the copyrighted work
  3. the amount and substantiality of copying, and
  4. the market effect.

(17 U.S.C. 107)

The most significant factor in this analysis is the fourth, effect on the market. If a copier's use supplants demand for the original work, then it will be very difficult for him or her to claim fair use. On the other hand, if the use does not compete with the original, for example because it is a parody, criticism, or news report, it is more likely to be permitted as "fair use." Trademarks are generally subject to fair use in two situations: First, advertisers and other speakers are allowed to use a competitor's trademark when referring to that competitor's product ("nominative use"). Second, the law protects "fair comment," for instance, in parody.
So, I wonder if an accurizing kit would fall under fair use, because it doesn't actually compete with the original?
 
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