Deadspin.com Gets Called A Suckerfish
Peteski Productions, representing Dr. Phil, filed suit against Gawker Media, for posting footage of the Dr. Phil show on Deadspin.com. The suit, filed in Texarkana, Texas, claims Gawker provided the video online prior to the show airing in most major markets.
One particularly interesting part of the lawsuit, the plaintiff characterizes deadspin.com as having a “dubious reputation as content remoras.” The lawsuit defines a remoras as:
“A remora is a fish, sometimes called a suckerfish, which attaches itself to other fish like sharks. The host fish gains nothing from the relationship but the remora is enriched by obtaining benefits (usually food and transportation) from the host.”
Peteski Productions is seeking actual damages, punitive damages, and an injunction against continued infringement. This case may look at the issue of fair use in regards to airing excerpts of a show before it has aired in all time zones.
Fair use is determined by a four factor test
- The purpose and character of the use,
- The nature of the copyrighted work,
- The amount used, and
- The effect on the potential market
The lawsuit can be seen here.
The video can be seen here.