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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 114019
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Hi, I am just starting out with selling pet coffins on line

Customer Question

Hi, I am just starting out with selling pet coffins on line and am writing the blurb for my website. I want to include this sentence (re buying pet coffins as a gift for a friend):

Remember that movie “Notes on a Scandal” where Cate Blanchett gives Judi Dench a beautiful photo frame for Portia...
You don’t have an ageing pet but know someone who does? Ironically, they make a great gift.

I would like to know if I am breaching any of the movie's copyright by simply referring to it in this way? Thanks.
Submitted: 7 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 7 years ago.
Not at all would it be a violation of any copyright laws. You are not doing anything other than using the name of the movie in a descriptive way. This would come under Section 107 of the Copyright Act, Fair Use.

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

    1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
    2. The nature of the copyrighted work
    3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
    4. The effect of the use upon the potential market for, or value of, the copyrighted work

You are using this as editorial comment and nothing more. You are not implying they are endorsing the product and are using only the name and a short description and not any of the copyrighted lines or material.

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Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 114019
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and other Business Law Specialists are ready to help you
Expert:  Firestar1964 replied 7 years ago.

I am an Australian based lawyer, although you have received an answer from an Attorney based in the US, who did not realize you were from Australia at the time and transferred the question across to our section, the Answer is essentially correct for the what you require and I would encourage you to accept the answer given unless you have some further clarifying question to ask.
Customer: replied 7 years ago.
Hi I think my question has been answered satisfactorily. I authorised $72.00 for payment, I don't want to pay any more, I am satisfied now. Thanks.
Expert:  Firestar1964 replied 7 years ago.
Yes, you have accepted the answer, all the best to you, the question can be closed now.
Expert:  Law Educator, Esq. replied 7 years ago.
Thank you.