United States Ninth Circuit

In a copyright infringement action brought by a professional photographer who created numerous photographic slides for defendant-sporting goods maker, damages awards and a ruling as to certain collage ads' privileged status are affirmed in part as to the damages awards, but reversed in part where the district court erred in finding the collage ads were privileged collective works under 17 U.S.C. section 201(c), as the collage ads were derivative rather than collective works because they transformed plaintiff's original images into new promotional posters.

Appellate Information

• Argued 02/07/2007
• Decided 04/30/2007
• Published 04/30/2007

Judges

• FISHER, Circuit Judge., Before ROBERT R. BEEZER, RAYMOND C. FISHER and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Katherine Hendricks (argued) and J. Bowman Neely, Hendricks & Lewis, Seattle, WA, for the plaintiffs-appellants.


• For Appellees:
  
• Shannon L. McDougald (argued), Seattle, WA, and Jennifer Bell, Ryan McBrayer and Matthew Diggs, Perkins Coie, LLP, Seattle, WA, for the defendants-appellees.