Things just got a bit more interesting in the Alcon Entertainment v. Tesla case.
For the background to this copyright lawsuit, see our prior post:
After 2 rounds of motions to dismiss and a Third Amended Complaint, Tesla and Elon Musk filed another motion to dismiss. As you can see from the Table of Contents, the motion rests on (1) no substantial similarity or (2) fair use.
Given the factual nature of both issues, it’s hard to foresee Elon Musk and Tesla prevailing on a motion to dismiss, although it is not out of the realm of possibility. See Peters v. West, 692 F.3d 629 (7th Cir. 2012) (upholding dismissal of copyright infringement claim because alleged similarities in songs were not based on protectable elements).
Elon Musk’s and Tesla’s fair use defense
Nonetheless, it is noteworthy that Musk and Tesla are asserting fair use. Below is an excerpt of the fair use arguments. Musk and Tesla argue that the alleged use of Blade Runner was for criticism and ultimately a fair use:
“While BR2049’s purpose is to entertain film viewers, Image C served a completely different purpose—i.e., to comment on the societal value of autonomous vehicles and criticize BR2049’s bleak view of the future, where humans and machines are surrounded by anxiety and fear, which is the opposite of the future Musk discussed.”
DOWNLOAD TESLA’S AND MUSK’S BRIEF