Steinberg v. Columbia Pictures Industries, 663 F.Supp. 706 (1987) p.479

SUBJECT

rights under copyright

FACTS

Alleged copyright infringment of a drawing that appeared in the New Yorker. Defendant had access since it was hanging on his office wall.

To see a copy of the defendant's poster click here.

PROCEDURE

Both parties moved for summary judgement.

ISSUE

Since access has been agreed on, the only issue to determine is whether there is such substantial similarity between the copyrighted and accesed works as to establish a violation of plaintiff's copyright.

RULE

The taking of small part of protected work can violate copyright. The copying need not be of every detail so long as the copy is similar to the copyrighted work.

HOLDING

The copyright was infringed by defendant's poster.

RATIONAL

Applied the substantial similarities to the average observer. Found there were too many similarities to not have been a copy. The city blocks were rendered the same. The print was similar. The depiction of the map was the same.

Created on: Tuesday, October 05, 1999 at 18:46:41 (PDT)