Legal Opinion
Art Rogers, Plaintiff-Appellee-Cross-Appellant v. Jeff Koons Sonnabend Gallery, Inc., Defendants-Appellants-Cross-Appellees
Court of Appeals for the Second Circuit
Decided April 2, 1992No. 234, 388 and 235, Dockets 91-7396, 91-7442 and 91-7540PublishedCited by 235 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
The key to this copyright infringement suit, brought by a plaintiff photographer against a defendant sculptor and the gallery representing him, is defendants’ borrowing of plaintiff’s expression of a typical American scene — a smiling husband and wife holding a litter of charming puppies. The copying was so deliberate as to suggest that defendants resolved so long as they were significant players in the art business, and the copies they produced bettered the price of the copied work by a thousand to one, their piracy of a less well-known artist’s work would escape…
2Cases cited29 opinions
- Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
- Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
- Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
- Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Martin Weiner Corp.Court of Appeals for the Second Circuit · 1960
- Durham Industries, Inc. v. Tomy CorporationCourt of Appeals for the Second Circuit · 1980
24 more not listed; retrieve them via the Exa API.
3Cited by235 opinions
- Humphreys & Partners Architects v. Lessard Design, IncorporatedCourt of Appeals for the Fourth Circuit · 2015
- Leigh v. Warner Brothers, Inc.Court of Appeals for the Eleventh Circuit · 2000
- On Davis v. The Gap, Inc.Court of Appeals for the Second Circuit · 2001
- Dr. Seuss Enterprises, L.P. v. Penguin Books Usa, Inc., a Corporation Dove Audio, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1997
- Eli Lilly & Company, an Indiana Corporation v. Natural Answers, Incorporated, a Florida Corporation, and Brian A. FeinsteinCourt of Appeals for the Seventh Circuit · 2000
230 more not listed; retrieve them via the Exa API.