Plaintiff sculptor hired to put large glass sculpture called “Mendota
Reflection” inside the vaulted ceiling of the foyer of a condominium (which
required defendant architects to remove a dome). Architects used photographs of the installed
sculpture to compete for an architectural award. Lighting designer used photographs to promote
her work on her website. Magistrate
judge dismissed action because the copyright deposit for the unpublished collection
consisted of a booklet and loose photographs.
The copyright deposit was not in the court record. The Seventh Circuit reversed, finding that
the Copyright Office’s determination that the copyrighted works were “readily
identifiable” constituted an agency determination that was entitled to
deference and that plaintiff had
produced prima facie evidence of registration under 17 U.S.C. §410(c) by
producing a valid copyright registration certificate. On remand, the circuit court suggested that
the homeowner and the architects might be considered joint authors of the
photographed materials which included design elements and architecture that was
not part of the sculpture. Additionally,
the Seventh Circuit suggested that consideration of the fair use doctrine might
be appropriate.
Read Chief Judge Easterbrook's decision here.
www.dunnington.com
Copyright law, fine art and navigating the courts. All practice, no theory.Copyright Litigation Handbook (Thomson Reuters Westlaw 2012-2013) by Raymond J. Dowd
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