- The radio gave summaries of children's literature of all kinds. It did not specifically tell the stories of Winnie-the-Pooh. It did not even use Winnie-the-Pooh's voice in the story. Nothing at all resembled Pooh. It could have been any name. Lou's News. Sue's News. It was clever to use Pooh since he is a character in children's literature, but should not be a problem.
- Cease and Desist letters are sent out all the time. Most of the time, they are just used as a scare tactic. They are in no way the law.
- The copyright holders of Winnie the Pooh probably could not find anything to get them in trouble for, so their only opinion was a cease-and-desist letter.
- No graphics were used, so there is no way at all to prove that they are even referring to the actual Winnie-the-Pooh. It would be difficult to prove.
- Finally and most importantly, this is being used in an educational way, so the radio host could definitely claim fair use. It is a new audience (the audio audience) and is being used to promote learning.
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Wednesday, June 3, 2015
Pooh's News
I do not believe that this is a violation of copyright.
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Good assessment!
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