Third Circuit rules that Defendant’s use of Disney’s clip previews on its website were not fair use. Interesting ‘copyright misuse’ discussion of the following clause in Disney’s license agreement for its trailers:
The Website in which the Trailers are used may not be derogatory to or critical of the entertainment industry or of [Disney] or of any motion picture produced or distributed by [Disney] . . .
Video Pipeline v. Buena Vista Home Entertainment et. al. No -02-2497 (3rd Cir Aug 26, 2003).