- 14 - 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 thatPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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