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Bit Parts

By Stan Soocher
August 27, 2003

Parker Poem Compilation Infringed.

A Manhattan federal court has held that the book publisher Penguin Putnam infringed on the plaintiff's compilation of 'Not Much Fun: The Lost Poems of Dorothy Parker.' Silverstein v. Penguin Putnam Inc., 01-309. Stuart Silverstein had presented his collection to Penguin Putnam but rejected the publisher's financial offer. The district court first found that Silverstein's 'selection, arrangement and coordination [of the compilation] reflect a substantial amount of creativity and judgment meeting the minimum requirement for originality' under copyright law. The court also noted that Penguin Putnam's subsequent release 'Dorothy Parker: Complete Poems' included cutting and pasting and the duplication of errors from Silverstein's work. The court then ruled that Penguin Putnam's failure to attribute Silverstein in 'Complete Poems' amounted to reverse passing off in violation of the federal Lanham Act.


'PJs' Suit Dismissed

The U.S. District Court for the Northern District of Illinois, Eastern Division, has dismissed a suit against Eddie Murphy, Ron Howard, Brian Grazer and several additional entertainment defendants, brought by an individual who claimed to be the inspiration for the 'foamation' character 'Sanchez' in the FOX Network cartoon series 'The PJs.' Collier v. Murphy, 02 C 2121. The district court ruled, among other things, that the Illinois Right of Publicity Act 'clearly and unambiguously' exempted artistic works, such as TV shows, from its reach.


Film-Set Injury Suit Continues

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