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ARTICLE · 10 AUGUST 2017

The Grinch That Stole Fair Use?

Thompson Coburn LLP
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Since the Supreme Court's 1994 Campbell v. Acuff-Rose Music landmark decision, courts have expanded fair use protection.

United StatesIntellectual Property
James Burger
James Burger
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Since the Supreme Court's 1994 Campbell v. Acuff-Rose Music landmark decision, courts have expanded fair use protection. While not a license to take liberally from another work, the fair use test has often tilted in favor of the parodic or transformative second work.

The Southern District of New York is now considering a case that centers on a play that presents a wicked spin on a classic childhood storybook. The case may test the boundaries of what is parody, what is transformative, and how much taking is "fair."

The plots

In the popular Dr. Seuss' children's book, "The Grinch That Stole Christmas," the green, non-human Grinch attempts to ruin Christmas for the always-cheerful citizens of Whoville. Two-year-old Cindy-Lou Who comes upon the Grinch taking her family's Christmas tree. The Grinch calms her, saying he's just taking the tree to repair it. In the end, swayed by the cheerfulness of Cindy-Lou and the denizens of Whoviille, the Grinch returns all their

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