In the Passport Video case, various holders of intellectual property sued Passport for its production and sale of The Definitive Elvis. Which of the following statements are true?
A) The trial court found that Passport Video "substantially transformed" the various sound and video clips of Elvis performances owned by the plaintiff.
B) The trial court found that Passport Video was entitled to fair use.
C) The appellate court found that the trial court did not clearly abuse its discretion in not finding fair use by Passport.
D) The appellate court found that the trial court abused its discretion in the way it applied the four-part test for fair use.

Question

Quizplus · Accepted Answer

The trial court did not find that Passport Video "substantially transformed" the various sound and video clips of Elvis performances owned by the plaintiff, so option A is incorrect. The trial court also did not find that Passport Video was entitled to fair use, so option B is incorrect. The appellate court upheld the trial court's decision that Passport Video did not qualify for fair use, meaning that the trial court did not clearly abuse its discretion. Therefore, option C is correct. Option D is incorrect because the appellate court did not find that the trial court abused its discretion in the way it applied the four-part test for fair use.

In the Passport Video Case, Various Holders of Intellectual Property