Leigh v. WARNER BROS., a DIV. OF TIME WARNER

ORDER

NANGLE, District Judge.

Before the Court are: (1) defendant Warner Bros.’ motion for partial summary judgment on the issue of copyright infringement; (2) plaintiffs cross-motion for partial summary judgment on the issue of copyright infringement; and (3) defendant’s converted motion to dismiss the Lanham Act claims!

I. Background

In July, 1993, Random House commissioned a photograph by plaintiff, a professional photographer, to be used on the cover of the book Midnight in the Garden of Good and Evil, A Savannah Story, by John Ber-endt (“the book”). The photograph ultimately used was of a…