What is the test used to determine whether a work has been reproduced without permission?
MultiRegion, United States of America
The following excerpt is from Loew's Incorporated v. Columbia Broadcasting System, 131 F. Supp. 165 (S.D. Cal. 1955):
Hill v. Whalen & Martell, D.C.N.Y. 1914, 220 F. 359, 360, is relied on when the court says: "One test which, when applicable, would seem to be ordinarily decisive, is whether or not so much as has been reproduced as will materially reduce the demand for the original. * * * The reduction in demand, to be a ground of complaint, must result from
[131 F. Supp. 184]
the partial satisfaction of that demand by the alleged infringing production. A criticism of the original work, which lessened its money value by showing that it was not worth seeing or hearing, could not give any right of action for infringement of copyright. * * *" No authority is cited and the court referred to "fair criticism, serious or humorous", in drawing the conclusions above.[131 F. Supp. 184]
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