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Copyfight
April 28, 2004
Bush/Trump Mash-up Raises Copyright QuestionsEmail This EntryPrint This Entry
Posted by Ernest Miller

Martin Schwimmer's must-read Trademark Blog points out a very interesting video mash-up combining scenes from "The Apprentice" with footage of the president: Trump Fires Bush. Schwimmer also helpfully points to a very on point decision with regard to political parodies adopting commercial elements: MasterCard vs. Nader [PDF].

MasterCard sued perennial presidential candidate Ralph Nader for trademark violations when Nader's campaign parodied MasterCard's famous "priceless" advertising campaign. Rightly, the case was dismissed at summary judgement. Of course, the MasterCard decision was a trademark case. In "Trump Fires Bush" actual footage from "The Apprentice" is used, raising a number of copyright issues.

Although I think there is a clear fair use defense of parody ... I can imagine a judge declaring that the use of NBC's footage is actually satire, which doesn't get a fair use defense.


Category: IP Use

COMMENTS
Brian Flemming on April 29, 2004 12:33 AM writes...

Mirroring it right now. We'll see if I get a notice from .Mac.

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TRACKBACKS
TrackBack URL: http://www.corante.com/cgi-bin/mt/mt-tb.cgi/2411
The "Trump Fires Bush" site needs help hosting this funny movie download, so here it is: Trump Fires Bush. [Read More]

Tracked on April 29, 2004 12:11 AM

Trump Fires Bush, a Copyright Parable from Wendy's Blog: Legal Tags
Thanks to Ernie for pointing out the latest from TrueMajority: a video mashup of NBC's The Apprentice with news footage of George W. Bush, in which Trump Fires Bush. Never mind Trump's trademark applications for "You're Fired", this could raise copyrig... [Read More]

Tracked on April 29, 2004 10:35 PM




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