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Fair Use Decision in Midnight in Paris Lawsuit

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There’s been a fair use decision in favor of Midnight in Paris in the lawsuit brought against it for the use of a Faulkner quote.  While it seems obvious that the paraphrased and attributed use of “The past is never dead. It’s not even past,” by a character who claimed to have met Faulkner meets several qualifying conditions of the fair use test, this is apparently the first ruling of its kind.  Filmmaker Magazine’s reporting raises two interesting points: first, fair use is a hard case to make in fiction, and second, think carefully about the length, attribution, and context of the copyrighted work being used, because it matters to the reasonable interpretation of your intent.

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