Answer :
Final answer:
The court is likely to deny the motion for summary judgment filed by the Cole and Mills estates. The Wright Brothers' claim of fair use in their defense requires a factual analysis, and it is unlikely that the court will grant summary judgment without a trial.
Explanation:
In this case, the estates of Nat King Cole and Irving Mills have filed a lawsuit against Brandon and Brendan Wright, claiming infringement of their rights. The estates argue that the Wright Brothers' use of the phrase 'Straighten Up and Fly Wright' as a tagline for their business, as well as playing the jazz song 'Straighten Up and Fly Right' during their drone flying lessons, infringes on their rights.
The Wright Brothers, in their defense, claim fair use. Fair use is a defense to copyright infringement that allows limited use of copyrighted material without permission from the copyright owner. To establish fair use, the defendant must show that the use is for a transformative purpose, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for the copyrighted work.
In this case, the Wright Brothers argue that their use of the phrase and the song is transformative, as it is used in the context of offering drone flying instructions and not as a direct substitute for the original work. They also argue that the amount and substantiality of the portion used is minimal, as they only use the phrase as a tagline and play the song as background music during their lessons.
Considering these arguments, it is likely that the court will deny the motion for summary judgment filed by the Cole and Mills estates. The court will need to determine whether the Wright Brothers' use of the phrase and the song qualifies as fair use. This will require a factual analysis of the purpose and nature of the use, the amount and substantiality of the portion used, and the effect on the potential market for the original work. Since fair use is a fact-specific defense, it is unlikely that the court will grant summary judgment without a trial.
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