Labels:book | bulletin board | reckoner | sky OCR: convincing evidence that harm to any existing or potential market has occurred (J.A.. 288). The trial court echoed Eismere: The song has nat affected the value of the copyrighted Y10M Neither has it had nor could 1t have the effect of fulfulling the demand for the original. Beriin Publications inc. supra, 329 545 Just imitation may be the sincerest form flattery parody acknow ledgement the importance of the thing parodied IT1 short. the defendant version 0 the jingle has not in the least competed with detracted from plaintiff work Elsmere Music. Inc. National Broadcasring Co. supra, 482 F. Supp at 747. The opinion below misapplied the "effect on the market" factor because it failed to focus on the potential market the original I copyrighted work Instead, the court focused on the harm which ...
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