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‘Star Trek’ and Dr. Seuss Mash-Up Not Protected, Court Rules

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An unauthorized mash-up of the “Star Trek” and Dr. Seuss universes, a book titled “Oh, the Places You’ll Boldly Go!”, is not protected from a copyright infringement claim, a federal appeals court ruled last week.

The ruling by a three-judge panel from the U.S. Court of Appeals for the Ninth Circuit concerned a Kickstarter-backed book, created by ComicMix, that inserted “Star Trek” characters into the whimsical pastel world that Dr. Seuss created for the 1990 children’s classic “Oh, the Places You’ll Go!” The ComicMix book, a primer on “Star Trek” characters and lore, replicated broad swaths of the Dr. Seuss original, down to imitating small details of the illustrations, the judges said.

Lawyers for ComicMix argued that the publication was permissible under fair use, a legal defense that grants satirists, aggregators and remixers some leeway under certain circumstances. But in overturning a lower-court ruling, the judges declared that the publication failed to meet the required standards for fair use, partly because it was not a parody or otherwise transformative.

“The creators thought their ‘Star Trek’ primer would be ‘pretty well protected by parody,’ but acknowledged that ‘people in black robes’ may disagree,” Judge M. Margaret McKeown wrote in the opinion, which was issued on Friday. “Indeed, we do.”

Artists and publications have long wrestled with what can and cannot be considered fair use, a notoriously difficult to define standard that has left many creators uncertain of where the boundaries are. But ComicMix did not consult a lawyer or pursue a license before creating the book, Judge McKeown wrote.

ComicMix could not argue the book was a parody since it wasn’t critiquing the original, the judge wrote. ComicMix argued that the book could be considered transformative since it contained “extensive new content,” a claim the judge rejected.

“Although ComicMix’s work need not boldly go where no one has gone before, its repackaging, copying, and lack of critique of Seuss, coupled with its commercial use of Go!, do not result in a transformative use,” Judge McKeown wrote.

The illustrations copied the exact composition of the original, the judge said. The book “captured the placements and poses of the characters, as well as every red hatch mark arching over the handholding characters in Grinch’s iconic finale scene, then plugged in the Star Trek characters,” the judge said.

“ComicMix took the heart of Dr. Seuss’s works,” Judge McKeown wrote.

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