Kisch v. Ammirato & Puris, Inc., 657 F.Supp. 380 (1987) p.490

SUBJECT

rights under copyright

FACTS

Two similar photopgraphs. The second one had a picture of a person holding a different musical instrument than the first. The lighting and angles were the same. Both picture were taken in a bar.

ISSUE

Whether defendant's photograph was a copy of plaintiff's photo.

RULE

Can create copyright expression in the overall feel of a work.

RATIONAL

The court applied the "look and feel" test and found that both pictures had the same look and feel. The court denied defendant's request for summary judgment and sent it back to the jury. There was enough factual difference to go to the jury.

NOTES

This is the same court and year as the previous case in which plaintiff won summary judgment. Interesting because both seem to have about the same amount of original expression. Hard to know if this is a derivitive work or a copy.

Created on: Tuesday, October 05, 1999 at 19:07:27 (PDT)