Oh, the places you’ll (boldly) go!
For tribbles-creator DAVID GERROLD, artist TY TEMPLETON, ComicMix head-honcho GLENN HAUMAN, and DR. SEUSS ENTERPRISES (DSE), there’s now a chance that one of those places will be the Supreme Court of the United States of America!
You may ask yourself: “Well, how did I get here?” The shortest I can make the answer is this…
- In 2017, DSE sued ComicMix (et al) for copyright infringement for trying to mash-up Star Trek and Dr. Seuss in a crowd-funded book titled Oh, the Places You’ll Boldly Go!
- “Team Mash-up” argued their work was protected under the legal doctrine of fair use.
- Nearly two full years into the lawsuit, Ninth Circuit District Judge Hon. JANIS SAMMARTINO ruled that Boldly was indeed fair use and dismissed the lawsuit before there was even a trial.
- DSE appealed to a three-judge panel of the Ninth Circuit. A year later (2019), they ruled that Boldly was NOT fair use and remanded the revived lawsuit back to Judge Sammartino’s courtroom where fair use could no longer be used as a defense.
- In a motion filed last month, DSE asked the judge to just declare them the winner (again, without going to trial) and award DSE $225,000 in damages.
- Team Mash-up also filed a motion asking for a review of the copyrights for two of Dr. Seuss’s books (that they allegedly copied). Specifically, ComicMix requested a review by the U.S. Registrar of Copyrights because the Sneeches and the Zacks may not have been properly registered and might have fallen into the public domain!
And if you want to do a deeper dive, especially into those last two bullet points, check out this blog.
Okay, a LOT has happened in the last six weeks, and it’s hard to know where to start! When a motion is filed, the other side gets to file an opposition argument, and then the first side gets to reply to that response. So ComicMix has now argued why they think this trial is far from over and they should NOT have to pay $225,000 to DSE. And DSE has argued that ComicMix missed their chance to ask for a copyright review and is now royally screwed.
Oh, and ComicMix just petitioned the United States Supreme Court to review this case! You guys are definitely gonna want me to start there, aren’t ya…?Continue reading “STAR TREK/DR. SEUSS “Team Mash-Up” appeals to the U.S. SUPREME COURT!”