Courtesy of XLrator MediaNetflix is able to prevail over the musicians behind the children's song, "Fish Sticks n’ Tater Tots."
Tamita Brown, Glen Chapman, and Jason Chapman — the musicians who created the song — argued that because the film used an "unaltered version," the incorporation was hardly transformative under the first factor measuring a potential fair use.
Analyzing the amount and substantiality of the use, Judge Ramos concludes that the film took just what was necessary. If a certain stripper routine requiring use of a song isn't sufficiently mind-blowing, there's finally the last factor of fair use analysis — the effect upon the potential market or value of the plaintiffs' work.
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