Midnight In Paris Ruling: Proof That The Copyright Conundrum Isn't Dead, Or Past

When the Faulkner Estate filed its audacious copyright case over the use of a nine-word Faulkner quotation in Woody Allen's Midnight in Paris movie, there was some hope that the court's ruling might recognize a clear safe-harbor for use of short quotations. In the digital era, where it is so easy to quote from others (and to give credit while doing so), such a safe harbor would help many creative people, especially on the Internet.

The case hinged on this Faulkner quotation: "The past is not dead. It's not even past." At one point in the two-hour movie, the lead character in Midnight in Paris, played by Owen Wilson, uses the quote, with one slight modification, and with full attribution to Faulkner. Infringement? Of course not! But while the court rejected the claim, it did so without providing clear guidance or simple rules for future quotation-users.