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US court throws out lawsuit over use of children’s song in burlesque documentary on fair use grounds

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A court in New York has thrown out a copyright infringement lawsuit filed against Netflix, Apple and Amazon over the use of an unlicensed children’s song in a documentary about a group of burlesque dancers.

The case was dismissed on the basis that the inclusion of the song was ‘fair use’.The song at the heart of the case is called ‘Fish Sticks N Tater Tots’ and was created by Tamita Brown, Glen Chapman and Jason Chapman back in 2011.

The lawsuit explains that the song describes a child’s “journey from her classroom to her school cafeteria to eat fish sticks and tater tots for lunch”.The lawsuit came about because the song is used in a routine performed by one of the dancers who features in the documentary ‘Burlesque: Heart Of The Glitter

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