An unpublished comic book that blends Star Trek elements into Dr. Seuss' Oh, the Places You'll Go! infringed on the Seuss estate's copyright, a federal appeals court held.
The U.S. Court of Appeals for the Ninth Circuit overruled a lower court's finding that Oh, the Places You'll Boldly Go! from ComicMix fell under fair use, The New York Times reported. A three-judge panel found Friday that the indie comic was not a parody and did not otherwise meet fair use standards.
"The creators thought their 'Star Trek' primer would be 'pretty well protected by parody,' but acknowledged that 'people in black robes' may disagree. Indeed, we do," wrote Judge M. Margaret McKeown wrote. She added, "Although ComicMix's work need not boldly go where no one has gone before, its repackaging, copying, and lack of critique of Seuss, coupled with its commercial use of Go!, do not result in a transformative use."
Oh, the Places You'll Go!, Seuss' last book published during his lifetime, takes its protagonist on a metaphorical journey through life's possibilities. The comic uses that idea to guide the reader through the world of Star Trek. Oh, the Places You'll Boldly Go! was written by David Gerrold, author of several science-fiction novels and Star Trek episodes for several shows in the franchise, and drawn by Ty Templeton in Seuss's style.
Dr. Seuss Enterprises, which manages the late author's estate, blocked a Kickstarter campaign in support of the book in 2016 and sent a cease-and-desist order to ComicMix. It also sued Gerrold, Templeton and editor Glenn Hauman, ComicMix's vice president. The ruling allows D.S.E. to press forward with its lawsuit.
Source: The New York Times