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Hi, I am just starting out with selling pet coffins on line

Customer Question
and am writing the blurb...
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: 8 years ago.Category: Business Law
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Answered in 23 minutes by:
7/6/2009
Business Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 119,491
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Verified
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.
Category: Business Law
Satisfied Customers: 119,491
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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Business Lawyer: Firestar1964,
 replied 8 years ago
Firestar1964
Category: Business Law
Satisfied Customers: 2,764
Verified
HelloCustomer

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.
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Customer reply replied 8 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.
Business Lawyer: Firestar1964,
 replied 8 years ago
Yes, you have accepted the answer, all the best to you, the question can be closed now.
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Business Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Thank you.
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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
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