Nintendo’s highly anticipated ‘Mario Movie’ will be delayed until spring 2023, so in the meantime, fans are posting rumors and speculation on social media. One especially detailed movie plot summary has been hit with a DMCA takedown notice, despite carrying no obviously infringing content. That raises an important question: Are spoilers copyright infringement?

Over the years we’ve published thousands of articles on copyright law, from how it works in theory to its application in full-blown lawsuits.

In most cases involving pirate sites, for example, the unlicensed distribution of movies, TV shows, music and games is easily determined. But other copyright disputes, where infringement isn’t so obvious, can trigger new complexity and polarized legal opinions. We might have one of those today.

In 2018, Nintendo announced a collaboration with film and animation studio Illumination (Minions, Despicable Me) to produce a new ‘Mario’ movie. Production got underway in 2020 and a theatrical release was expected in late 2022.

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