Wednesday, March 29, 2017

Judge Allows Copyright Lawsuit Against Marvel Over 'Iron Man 3' Poster; Hollywood Reporter, March 28, 2017

Eriq Gardner, Hollywood Reporter; Judge Allows Copyright Lawsuit Against Marvel Over 'Iron Man 3' Poster

"[District Judge J. Paul] Oetken agrees with Marvel that the idea of a "highly mechanized suit of armor" and the "fighting pose" are unprotectable elements, scenes a faire in the comic book or superhero genre.
When it comes to the particularized expression of the idea, the judge notes some non-identical similarity — the hairstyles, the use of blue light, the color of the suits, etc. — with the ultimate conclusion that the works do share a similarity in their "total concept or feel" to survive a motion to dismiss."
According to the opinion (read here), "This is not a case where only non-copyrightable elements exist in the work, nor is it one where the Court can conclude, at this stage, that 'no reasonable jury, properly instructed, could find that the two works are substantially similar' based on their 'total concept and overall feel.'”

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