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Reyher v. Children's Television Workshop
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Reyher v. Children's Television Workshop : ウィキペディア英語版
Reyher v. Children's Television Workshop

Reyher v. Children's Television Workshop (2d Cir. 1976) was a case where the author and illustrator of a children's book sued a company that had published a TV skit and a magazine story with a similar title and plot, claiming copyright infringement. The story was based on an old Russian folk tale. The court found that the plot or theme was not subject to copyright, and there had been no infringement since the book and the story or skit were quite different in all other respects.
The court used the "total concept and feel" standard in reaching their decision.
==Background==

Rebecca Reyher wrote ''My Mother Is The Most Beautiful Woman In The World'', a children's book, and Ruth Gannett illustrated it.
The book retells an old Russian story about a small girl who helps her mother on the farm and in the kitchen.
On the eve of a festival, when a crowd has gathered, they become separated.
The girl asks various strangers if they have seen her mother, describing her as the most beautiful woman in the world.
Possible candidates are sought out and brought to where the crowd has gathered, but none are the mother.
When the mother eventually shows up, it turns out that she is quite homely in appearance, at least to others.
Children's Television Workshop (CTW) produced the ''Sesame Street'' TV program and published a related magazine, ''Sesame Street Magazine''.
Jon Stone wrote a script for a TV skit on the story called ''The Most Beautiful Woman In The World'', which was aired as part of the TV program.
Tibor Gergely created illustrations of the script, published in the ''Sesame Street Magazine''.
Tuesday Publications also published the story in their ''Tuesday At Home'' magazine.
Although the plot was similar, the illustrations showed a small boy somewhere in Africa and the story was much shorter and simpler.
The morals of the two versions are not quite the same. The book says that love makes people seem beautiful, while the CTW story says that different people have different views of beauty.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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