Christopher Buccafusco, Paul J. Heald, & Wen Bu, Testing
Tarnishment in Trademark and Copyright Law: The Effect of Pornographic Versions
of Protected Marks and Works:
This Article [reports] the results
of two novel experiments designed to test the effects of pornographic versions
of creative works on the value of the underlying works. In our experiments,
subjects viewed movie posters of pornographic versions of popular movies before
they were asked questions about those movies. Our data show little if any
support for the tarnishment hypothesis and some significant support for an
alternative enhancement hypothesis: Some of our subjects actually perceived
more value in the “tarnished” movies. We believe the results of these
experiments put the ball back into the court of tarnishment theorists to prove
their anxiety has a factual basis.
Good to see some empirical confirmation of the position
I’ve long taken (wow, I’ve had this blog for more than ten years!).
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