Copyright Law Updates | New Judicial Opinions
May 24, 2007
Bryant v. Gordon
05 C 3066, 2007 WL 1063265, N.D. Ill., 4/6/2007
Holding:
Even where subject matter of a photograph may not be copyrightable, individual expression of that idea, based on choice of angle, perspective, lighting and expression of subjects, can be protected.
Detailed Summary:
Plaintiff photographer alleged infringement of his copyright of a photo depicting two snipers dressed in Ghillie suits (customized camouflage suits), lying prone and sighting a target. Competitor argued that the photo was not protected because it merely portrayed a standard stance under military procedure and the idea of the photo was not copyrightable. Plaintiff asserted, and the court agreed, that his copyright covered the expression of that idea because it contained original elements such as choice of angle, perspective, lighting and expression of the subjects. The court then denied summary judgment on the infringement claim because (1) plaintiff had raised a reasonable inference of copying by showing defendants had access to his work and (2) using the “ordinary observer” test, a reasonable jury could find substantial similarity between the photos.
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