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Intellectual Property – copyright — fair use

By: WISCONSIN LAW JOURNAL STAFF//September 15, 2014//

Intellectual Property – copyright — fair use

By: WISCONSIN LAW JOURNAL STAFF//September 15, 2014//

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U.S. Court of Appeals for the 7th Circuit

Civil

Intellectual Property – copyright — fair use

The fair use exception applies to defendants’ use of a copyrighted photograph taken from the Internet to create T-shirts mocking the subject of the photograph.

“Defendants removed so much of the original that, as with the Cheshire Cat, only the smile remains. Defendants started with a low-resolution version posted on the City’s website, so much of the original’s detail never had a chance to reach the copy; the original’s background is gone; its colors and shading are gone; the expression in Soglin’s eyes can no longer be read; after the posterization (and reproduction by silk-screening), the effect of the lighting in the original is almost extinguished. What is left, besides a hint of Soglin’s smile, is the outline of his face, which can’t be copyrighted. Defendants could have achieved the same effect by starting with a snap-shot taken on the street.”

Affirmed.

13-3004 Kienitz v. Sconnie Nation, LLC

Appeal from the United States District Court for the Western District of Wisconsin, Crocker, Mag. J., Easterbrook, J.

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