Legal Opinion

Bostwick v. Christian Oth, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 2012Published

1Opinion of the Court

*464The parties’ contract unambiguously granted defendants ownership of the copyright in all images created and, further, allowed them to make proofs and previews available to plaintiff to enable her to select photographs for her wedding album. Thus, defendants’ only act that plaintiff complains of, i.e., posting the offending photographs on the website, falls squarely within the four corners of the contract (see Excel Graphics Tech. v CFG/AGSCB 75 Ninth Ave., 1 AD3d 65, 69 [2003], lv dismissed 2 NY3d 794 [2004]). Plaintiffs e-mailed requests to defendants that they remove the photographs were…

2Cases cited4 opinions

  1. Excel Graphics Technologies, Inc. v. CFG/AGSCB 75 Ninth AvenueAppellate Division of the Supreme Court of the State of New York · 2003
  2. Nussenzweig v. DiCorciaNew York Court of Appeals · 2007
  3. Financial Structures Ltd. v. UBS AGAppellate Division of the Supreme Court of the State of New York · 2010
  4. Bernstein v. East 51st Street Development Co., LLCAppellate Division of the Supreme Court of the State of New York · 2010

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