Wednesday, June 3, 2015

Pooh's News

I do not believe that this is a violation of copyright.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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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