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Franklin the Turtle Sues in the Court of Federal Claims for a Reasonable Licensing Fee (Well, Not Yet)

3 0
16.12.2025

Copyright

Eugene Volokh | 12.16.2025 8:43 AM

Franklin is helping write the next chapter of America. You can too!

We're looking for patriotic legal professionals to serve as Deportation Judges. Your work will have generational consequences.

Apply today!https://t.co/hLJZoubvzB pic.twitter.com/IuYLfLfYEU

— U.S. Department of Justice (@TheJusticeDept) December 11, 2025

There's been some talk about whether the Administration's use of Franklin the Turtle in various memes (e.g., "Franklin Becomes a Deportation Judge," shown above) is copyright infringement. My sense is that it probably would be: It uses a copyrighted character, and it likely isn't a fair use, despite its noncommercial character.

To oversimplify vastly, use of a work to make fun of the work itself (or to otherwise comment on it) generally tends to be fair use, see Campbell v. Acuff-Rose Music (1994): You just can't have an effective parody or commentary on a work........

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