This note sets forth the facts and procedural history of Dr. Seuss Enterprises v. Penguin, which is the most recent Ninth Circuit copyright decision presenting the affirmative fair use defense. Section III provides a brief background of copyright law and the fair use defense. Section III also presents a historical view of the fact-sensitive, case-by-case analysis of the four statutory fair use defense factors codified in 17 U.S.C. § 107. Section IV examines the Ninth Circuit's decision in Dr. Seuss Enterprises v. Penguin, focusing on Seuss Enterprises' copyright infringement claim. Section V critically analyzes the Ninth Circuit's holding, focusing on the validity of the court's determination that the infringing work was not a parody, nor transformative. Section VI then briefly summarizes the court's decision and its implications.
Mary L. Shapiro,
An Analysis of the Fair Use Defense in Dr. Seuss Enterprises v. Penguin, 28 Golden Gate U. L. Rev.