Legal Opinion
Jeffrey Hunter Mendler, Dba Jeffrey Hunter v. Winterland Production, Ltd., a California Corporation San Diego Yacht Club, a California Corporation
Court of Appeals for the Ninth Circuit
Decided March 14, 2000No. 98-16061PublishedCited by 25 opinions
1Opinion of the Court
Opinion by Judge KOZINSKI; Dissent by Judge RYMER.
KOZINSKI, Circuit Judge:
In this case of contract interpretation we must answer the following riddle: When is a photograph no longer a photograph?
I
Jeffrey Mendler is a professional photographer. In August 1991 he signed a licensing agreement with Winterland, a manufacturer of screen-printed apparel. Pursuant to the agreement, Mendler provided Winterland with numerous slides of photographs he had taken of the America’s Cup yacht race. Among these was an image titled “San Diego’s America’s Cup,” which depicts the “España” overtaking the “Spirit…
2Cases cited1 opinion
- Annie Leibovitz v. Paramount Pictures CorporationCourt of Appeals for the Second Circuit · 1998
3Cited by25 opinions
- Nicholas Kassbaum, AKA Nick St. Nicholas v. Steppenwolf Productions, Inc. Steppenwolf, Inc. Joachim Fritz Kreudeldat, AKA John KayCourt of Appeals for the Ninth Circuit · 2000
- Hawaii Teamsters and Allied Workers Union, Local 996,petitioner-Appellant v. United Parcel ServiceCourt of Appeals for the Ninth Circuit · 2001
- Miller v. Glenn Miller Productions, Inc.Court of Appeals for the Ninth Circuit · 2006
- Miller v. Glenn Miller ProductionsDistrict Court, C.D. California · 2004
- Student Loan Fund of Idaho, Inc. v. U.S. Department of EducationCourt of Appeals for the Ninth Circuit · 2001
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