Question
Betty is a historian who writes about the history of movie posters. She writes an illustrated history of Hollywood movie posters from 1950 to the
Betty is a historian who writes about the history of movie posters. She writes an illustrated history of Hollywood movie posters from 1950 to the present. Without obtaining Max and Anita's permission, she includes a small, 3cm x 6cm copy of Max's Clockers poster and Anita's Anatomy of a Murder poster in her book. In the text of her book, Betty engages in extensive commentary on Max's work. She argues that Max's poster is a poor adaptation of Anita's poster from Anatomy of a Murder, and that Max simply copied Anita (badly) in order to avoid doing the hard work of creating an original poster. The book also includes a visual timeline that puts Max's poster in the context of both other posters for films that were released before and after 2012 and more general trends in poster-design before and after 2012. (See image below, Anita's poster is similarly displayed in the corresponding portion of the book.) Does Betty need permission from Max or Anita for the above described work? Please explain what Max or Anita would need to demonstrate to prove copyright infringement. Does Betty have a legal defense to such a claim of copyright infringement and if so what will she have to prove to make her legal defense?
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