A based-on-a-true-story television movie’s recreation of a “wanted” poster based on an actual photograph of the real people on whose lives the movie was based was not infringing, the U.S. Court of Appeals for the First Circuit ruled Jan. 7 (Harney v. Sony Pictures Television Inc., 1st Cir., 11-1760, 1/7/13).
Affirming summary judgment of noninfringement, the court said that there was only one protectable element of the original image that had been copied, and that was not enough to establish substantial similarity.
Feature Photo Subjects Make Big News.
Donald A. Harney of Boston is a professional photographer. In ...
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