Re: famous fictional characters and pizza

On 96/04/25, "Micah D. Stolowitz Esq." <micah[_at_]TechLaw.Com> wrote:
>
> But back to your specific question -- a presumably original story
> about someone else's character. If your story is consistent with the
> material in which the character was originally developed -- you may be
> infringing under a copyright derivative work kind of analysis. I'm
> sure that some of our California law profs lurking about will offer
> more detailed and analytical advice. Like cite to that Sid and Marty
> Kroft case. Or Terry C -- who likely will become one someday after his
> loans are paid off :-)

I seem to recall researching this issue years ago in the dark ages (before on-line research) when I was in law school. The case that sticks in my mind is Warner Bros. v. CBS. Dashell Hammet sold CBS the radio rights to the Sam Spade novels (Maltese Falcon et al) and Warner Bros. said, no, we own Sam Spade because we made the Maltese Falcon. The court said no copyright in characters, CBS could go ahead.

So, obviously, this has changed. Can someone point me to the cases? I'd like to read them and see where this is these days.

Thanks.

--

Tim Perrin
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