Herbal Solutions Case

Powerful Essays
Topics: Fair use
Office Memo

TO: Partner Conching
FROM:
RE: Chloe Hedrin and Herbal Solutions; claim of copyright infringement by Nuway
DATE: November 16, 2004

ISSUE

Will Herbal Solutions be able to claim a fair use defense under 17 U.S.C. § 107 when they are a “for profit” corporation, they have created a parody of Nuway’s ad campaign to market their own product, and as a result of their parodic marketing promotion, Herbal Solutions increased sales for Natra Tab tremendously?

SHORT ANSWER

Probably Not. Herbal Solutions does claim to educate the general public but this does not change their purpose of use which is profit driven although their character is transformative were the new work is altered in different ways from the original and Herbal Solution’s marketing campaign is a parody of Nuway’s expensive and established advertising promotion which increased sales for Herbal Solution’s product Natra Tab which shares a common purpose for depression treatment with Nuway’s Clarizac.

FACTS Our clients is Herbal Solutions, Inc. (“HS”) and Chloe Hedrin is the CEO of HS which develops alternative medicine products. HS distributes the products and handles the
…show more content…
This factor deals with what the purposes of the use of the new work are and whether it is of commercial nature or has a non-profit educational purpose. If it is educational or beneficial to the general public this will favor in fair use. If people are aware of the new works original form, then fair use is also most likely favored. Any commercial use or nature will weigh against a claim of fair use. Fisher v. Dees, 794 F.2d 432, 438 (9th Cir. 1986). , Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 576 (1994). , Rogers v. Koons, 960 F.2d 301, 309 (2d Cir. 1992). , Feist Publications, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 344 (1991). , Suntrust Bank v. Houghton Mifflin Co., 268 F.3d 1257, 1269 (11th Cir.

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