Milton H. Greene Archives, Inc. v. BPI Communications, Inc.

ORDER ON MOTIONS FOR SUMMARY JUDGMENT

TAYLOR, District Judge.

Defendant’s motion for summary judgment on waiver is DENIED. Plaintiffs motion for summary judgment on infringement is DENIED. Defendant’s motion for summary judgment on infringement is GRANTED. Plaintiffs motion for summary judgment on Defendant’s affirmative defenses is MOOT.

I. BACKGROUND

Plaintiff claims to own copyrights in various photographs of Marilyn Monroe. Defendant published a book, Blonde Heat, displaying photographs of Marilyn Monroe. Plaintiff alleges it owns copyrights in seven photographs in Blonde Heat and Defendant…