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Schrock v. Learning Curve Int'l, Inc., No. 08-1296

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By FindLaw Staff on November 06, 2009 8:02 AM

In plaintiff's copyright infringement action against defendant who had hired him to take photos of the "Thomas & Friends" toy train characters for use in promotions, district court's dismissal of his complaint is reversed where: 1) the photos qualify for the limited derivative-work copyright provided by section 103(b) as plaintiff's artistic and technical choices combine to create a two-dimensional image that is subtly but nonetheless sufficiently his own; and 2) district court erred in concluding that plaintiff needed defendant's permission to copyright the photos, as there is nothing in the Copyright Act requiring the author of a derivative work to obtain permission to copyright his work from the owner of the copyright in the underlying work.     

Read Schrock v. Learning Curve Int'l, Inc., No. 08-1296

Appellate Information

Appeal from the United States District Court for the Northern District of Indiana, Eastern Division

Decided November 5, 2009

Judges

Before:  Flaum, Sykes, and Williams, Circuit Judges

Opinion by Sykes, Circuit Judge

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