The Second Circuit Court of Appeals recently held in Keeling v. Har that an unauthorized parody protected by ‘fair use,’ may itself be protected with respect to its original parodic expression and including any added compilations or arrangements to the work. The case involved Point Break Live “PBL,” a theatrical production based upon the movie, starring Keneau Reeves, of the same title. Defendant, Har LLC, which staged the performance without permission of the parody copyright ower, alleged that fair use may operate as a shield from infringment claims, but not as a sword. Court disagreed finding that to the extent PBL parody theatrical production contained original expression with a modicum of minimal creativity it was entitled to copyright protection.
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