Legal Opinion
Leibovitz v. Paramount Pictures Corp.
District Court, S.D. New York
Decided December 18, 1996No. 94 Civ. 9144 (LAP)PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
PRESEA, District Judge:
This action examines the extent to which a parody that appears in the form of an advertisement can constitute a fair use of a copyrighted work. Plaintiff is a well-known photographer who shot a photograph of the actress Demi Moore that appeared on the August, 1991 cover of Vanity Fair. Ms. Moore was eight months pregnant and nude in the photo, the publication of which aroused a great deal of controversy. It is undisputed that plaintiff is the sole owner of the copyright in this photograph. In 1993, the defendant was developing advertising in…
2Cases cited33 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
28 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Annie Leibovitz v. Paramount Pictures CorporationCourt of Appeals for the Second Circuit · 1998
- Castle Rock Entertainment v. Carol Publishing Group, Inc.District Court, S.D. New York · 1997
- Estate of Re v. Kornstein Veisz & WexlerDistrict Court, S.D. New York · 1997
- Tasini v. New York Times Co.District Court, S.D. New York · 1997
- Yurman Studio, Inc. v. CastanedaDistrict Court, S.D. New York · 2008
7 more not listed; retrieve them via the Exa API.