Dr. Seuss to appeal ruling on whether a Star Trek mashup of “Oh, the Places You’ll Go!” is considered fair use

Oh, the Places You’ll Go! vs. Oh, the Places You’ll Boldly Go!

NOVEMBER 18, 2019 - A curious fair use case involving Dr. Seuss and Star Trek (kind of) is turning into a dispute that could have pretty big implications for artists looking to transform original works without permission.

An article in Bloomberg Law last week explained the current state of Dr. Seuss Enterprises vs. ComicMix, in which the former sued the latter for copyright infringement. ComicMix is the company behind the parody book “Oh, the Places You’ll Boldly Go!”, in which former Star Trek writer David Gerrold teamed up with ComicMix to create a Trek-themed version of the popular Dr. Seuss picturebook, “Oh, the Places You’ll Go!” Shortly after they launched a Kickstarter campaign to fund the book’s development, it was taken down with a copyright claim, and Dr. Seuss Enterprises sued.

According to the Bloomberg Law piece, “ComicMix prevailed on summary judgment in March after more than two years of litigation. The trademark claims failed because the title didn’t mislead consumers, and artistic style and font aren’t protectable trademarks, the U.S. District Court for the Southern District of California ruled.”

Now Dr. Seuss Enterprises is appealing the ruling, in a judgment that could help define what are currently gray areas of fair use. Bloomberg Law explains that supporters of the Seuss side, including the Motion Picture Association of America, argue that “Oh, the Places You’ll Boldly Go!” shouldn’t be protected because it doesn’t improve the original work. In an amicus brief, the MPAA said “There is nothing original about merely combining or ‘mashing up’ protected expression from two copyrighted works to justify such a sweeping exception to the normal rules of fair use.”

Supporters of ComicMix, however, claim that fair use is an important creative tool that would be threatened by overturning the ruling. In a joint brief they said “How that ‘raw material’ [of the original work] gets cooked may vary, and fair use accommodates that variance. This flexibility ensures that copyright does not impinge on the breathing space for new authors mandated by the First Amendment.”

It’s worth noting that while the case here is between parties arguing over a Star Trek adaptation of a Dr. Seuss book, CBS, owners of the Star Trek franchise, do not appear to be involved in the complaint.

Dr. Seuss Enterprises’ reply brief is due to the court on November 25th.