Submitted by Paula J. Quillin, Partner at Franden | Woodard | Farris | Quillin + Goodnight, “with assistance from my peeps”.

“The Hindenburg disaster sparked the immortal phrase, ‘Oh, the Peepanity!’ and ignited a copyright battle among three writers regarding the mystery surrounding the 1937 conflagration. In that case, A.A. Hoehling v. Universal City Studios, Inc. and Michael MacDonald Mooney, 618 F.2d 972 (2nd Cir. 1980), the Court held:

“‘The protection afforded the copyright [peeper] has never extended to history, be it documented fact or expanded hypothesis. The rationale for this doctrine is that the cause of knowledge is best served when history is a common property of all, and each generation remains free to draw upon the discoveries and insights of the past.’

“Accordingly, we submit a peep into history.”