Legal Opinion

Barry M. Blackman v. Hustler Magazine, Inc., Barry M. Blackman v. Hustler Magazine, Inc

Court of Appeals for the D.C. Circuit

Decided August 29, 1986No. 85-5849, 85-5889PublishedCited by 19 opinions

1Opinion of the Court

KOZINSKI, Circuit Judge:

Encrypted in this story about nude photographs, shoddy business ethics, politics and unexpected riches lies a question about the calculation of damages for copyright infringement. Both facts and law make fascinating reading.

Facts

Background

Barry M. Blackman is a professional photographer. In 1972 he took a series of nude photographs of a relatively unknown model named Elizabeth Ray. Ray signed a release giving Blackman all rights to use, publish and copyright the photographs.

In 1976 Ray became something of a celebrity. Then a secretary to a United States congressman,…

2Cases cited8 opinions

  1. F. W. Woolworth Co. v. Contemporary Arts, Inc.Supreme Court of the United States · 1952
  2. Sheldon v. Metro-Goldwyn Pictures Corp.Supreme Court of the United States · 1940
  3. Hart v. EyckNew York Court of Chancery · 1816
  4. Russell v. PriceCourt of Appeals for the Ninth Circuit · 1979
  5. Lottie Joplin Thomas Trust v. Crown Publishers, Inc.Court of Appeals for the Second Circuit · 1978

3 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Franconia Associates v. United StatesUnited States Court of Federal Claims · 2004
  2. Pinkham v. Sara Lee Corp.Court of Appeals for the Eighth Circuit · 1992
  3. Stenograph L.L.C. v. Bossard Associates, Inc.Court of Appeals for the D.C. Circuit · 1998
  4. Bruce v. Weekly World News, Inc.Court of Appeals for the First Circuit · 2002
  5. Stovall v. United StatesUnited States Court of Federal Claims · 2010

14 more not listed; retrieve them via the Exa API.

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