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ARTICLE · 17 MAY 2019

Putting Some Teeth Into Copyright Law

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Photography is one creative area where the originality requirement has been tested.

United StatesIntellectual Property
Edward Rosenthal
Edward Rosenthal
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In order to be eligible for protection under US copyright law, a creative work must be "sufficiently original" to merit protection. But the  Supreme Court has held that "the requisite level of creativity is extemely low" and the "vast majority of works make the grade quite easily .. .  no matter how crude, humble or obvious."

Photography is one creative area where the originality requirement has been tested.  While everyone would agree that many photographic works are highly creative and original, the question becomes murkier when the photograph seems mundane.  This brings us to the recent decision by the Court of Appeals for the 11th Circuit in Pohl v. MH SUB I LLCR, 2019 WL 1950003 (11th Cir. May 1, 2019), a case addressing the question whether "before and after" photographs taken by a dentist of his patient's teeth qualified for copyright protection.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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