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Dastar Corp. v. Twentieth Century Fox Film Corp.

United States Supreme Court

539 U.S. 23 (2003)

Relevant factsFree

Fox (plaintiff/defendant depending on procedural posture) held television rights to the Crusade in Europe book and produced a companion 1949 TV series, but let the series' own copyright lapse in 1977, placing it in the public domain, even though it later reacquired the book's television rights in 1988; Dastar (defendant/plaintiff) then purchased copies of the original public-domain series, edited and repackaged them under a new title without any attribution to the original series or its creators, and sold them as its own product. Fox sued Dastar for copyright infringement and, under § 43(a) of the Lanham Act, for reverse passing off by failing to credit Fox as the origin of the underlying work; the district court and court of appeals ruled for Fox on the Lanham Act claim, and the Supreme Court granted certiorari.

IssueFree

Whether a previously copyrighted work that enters the public domain may be used freely without attribution to the author or producer of the work, and whether, in determining false designation of origin, the word 'origin' refers to the individual who created the tangible good for sale.

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