Unfortunately for Sony Pictures, which distributed Midnight in Paris, Faulkner’s estate took issue with this reference and sued Sony Pictures for copyright infringement. Fellow Kat Eleonora described the details of the suit in a post on the 1709 Blog here. Upon reading Eleonora's post, this Kat recalls thinking, "there's no way the Faulkner estate will prevail." This Kat believed the Faulkner estate would have an uphill battle in its copyright claim against Sony because of the various exceptions to copyright infringement that Sony was sure to raise as defences.
In the United States, use of a portion of a copyright protected work does not infringe the copyright in the underlying work if the use constitutes “fair use”. Section 107 of the Copyright Act defines the factors of a fair use determination: