BROWNMARK FILMS, LLC v. COMEDY PARTNERS

No. 11-2620.

682 F.3d 687 (2012)

BROWNMARK FILMS, LLC, Plaintiff-Appellant, v. COMEDY PARTNERS, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 7, 2012.


Attorney(s) appearing for the Case

Garet K. Galster , Caz McChrystal, Joseph A. Kromholz , Ryan Kromholz & Manion, Milwaukee, WI, for Plaintiff-Appellant.

Alonzo B. Wickers, IV , Jeff Glasser , Dan Laidman , Davis Wright Tremaine LLP, Los Angeles, CA, for Defendants-Appellees.

Julie P. Samuels , Corynne McSherry , Michael Barclay , San Francisco, CA, for amicus curiae Electronic Frontier Foundation.

Before EASTERBROOK, Chief Judge, and CUDAHY and HAMILTON, Circuit Judges.


CUDAHY, Circuit Judge.

This is a case about how a court may dispose of a copyright infringement action based on the fair use affirmative defense while avoiding the burdens of discovery and trial. This case also poses the interesting question of whether the incorporation-by-reference doctrine applies to audio-visual works.

South Park is a popular animated television show intended for mature audiences. The show centers on the adventures of foul-mouthed...

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