No Go: 9th Circuit Court of Appeals rules that crowdsourced @comicmix "Oh, the Places You'll Boldly Go!" is not protected fair use defense. /jt cdn.ca9.uscourts.gov/datastore/opin…
Two key points to note right away: popular notions of transformative works doctrine often touted at comic-con panels are more advocacy than actual application of doctrine by courts. Fair use transformation is more than simply adding new material. This paragraph is more typical: 
Also, simply evoking or humorously using others' IP is not automatically parody. Parody involves ridicule or critique of the material. Courts have waivered on this at times - usually re lower priced pop products riffing on luxury brands - but outside high/low is harder to win.
Separate from copyright fair use issue, court also ruled on trademark infringement claim - in favor of @comicmix!
Here the free speech concerns were particularly relevant to the court, w/ test "balanc[ing] artistic free expression and trademark rights." This is an important ruling, so more to follow!
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