COPYRIGHT - Tarantino v. Gawker - Gawker's 12(b)(6) motion

Gardner discusses.

Gawker asserts that even if Tarantino could state such a claim, the website's linking to "source material" is protected as fair use.
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"Gawker did not 'scoop' plaintiff's right of first publication as the script was online prior to Gawker's links, and Tarantino himself set in motion the circumstances by which the script circulated. Gawker made minimal use of the script -- it reproduced no part of it but merely linked to another publication. Gawker's use was, at most, incidentally commercial and did not usurp the primary market for and purpose of the script: to make a movie."