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Hofheinz v. Discovery Communications, Inc., 2001 (DECISION FOR USER)

Discovery Learning Channel’s program Aliens Invade Hollywood used a clip from Invasion of the Saucermen. The court found the use to be fair because it was transformative in nature, stating that “Discovery used the clips for various purposes, including: (1) to illustrate the theme of the government cover-up; (2) to demonstrate how, and with what special effects technology, aliens have been represented in film; and (3) to provide contrasts between the early science fiction films like Saucermen and more recent films. The fleeting clips betray little of Saucermen's plot, only the fact that aliens visited and the government tried to cover up the evidence.”

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