United States Eleventh Circuit

In a copyright infringement action by a professional photographer against multiple defendants regarding the distribution and publication of photographs of a customized motorcycle, summary judgment for defendants is affirmed in part where plaintiff granted defendant an implied license to use his work. However, the judgment is reversed in part where, even if plaintiff agreed that defendant could distribute his photographs to the media in a printed flyer, the distribution of the photographs in digital format on compact discs could be found to have exceeded the scope of the license.

Appellate Information

• Decided 04/02/2010
• Published 04/02/2010

Judges

• FAY, Circuit Judge:, Before MARCUS, FAY and ANDERSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Frank Robert Jakes, Johnson, Blakely, Pope, Bokor, Ruppel, Zachary David Messa, Johnson, Pope, Bokor, Ruppel & Burns, P.A., Tampa, FL, for Plaintiff-Appellant.


• For Appellees:
  
• Michael C. Cessarano, Samuel Lewis, Feldman Gale, P.A., Miami, FL, for Defendants-Appellees.