Suzy's Zoo - Page 14




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          process, is critical and indispensable to the paper products’               
          production.  But for these characters, petitioner would not be              
          able to sell its paper products in the form that it does.                   
          Petitioner also does not let anyone (e.g., a printer) sell, copy,           
          or use any of its cartoon characters without its permission, and            
          anyone who does so is in breach of the license that petitioner              
          holds as to its characters.                                                 
               Petitioner focuses on the fact that the producers actually             
          develop the paper products and argues therefrom that the printers           
          are the producers of its products.  We disagree with this                   
          argument.  The printer’s reproduction of petitioner’s characters            
          onto ordinary paper is merely one small step in petitioner’s                
          process of exploiting its characters as sellable images, and the            
          reproduction process is mechanical in nature in that it involves            
          little independence on the printers’ part and is subject to                 
          petitioner’s control, close scrutiny, and approval.  Petitioner             
          personally selects the printers merely to reproduce the                     
          character’s images in a specified manner onto standard sheets of            
          plain paper.  The printers cannot print the paper products                  
          without the cartoon images, and the finished products must                  
          conform to petitioner’s specifications.  Given the added fact               
          that a printer does not acquire a proprietary interest in a                 
          cartoon drawing so that it may sell the drawing (or copy thereof)           
          either separately or as part of a paper product, we conclude that           






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Last modified: May 25, 2011