Copyright casebook picture supplement

Here are pictures related to cases in Prof. Eric E Johnson's in-development casebook on copyright law

Table of Contents

  1. Burrow-Giles Lithographic v. Sarony
  2. Bleistein v. Donaldson
  3. Monkey Selfies and Naruto v. David J Slater
  4. Star Athletica v. Varsity Brands
  5. Silvertop v. Kangaroo
  6. Federal Government Works' Exclusion from Copyright
  7. Ringgold v. Black Entertainment TV
  8. Gottlieb Development v. Paramount Pictures

Burrow-Giles Lithographic v. Sarony

Left: Napoleon Sarony's photograph of Oscar Wilde

Right: Burrow-Giles Lithographic's trade card

monotone sepia-tinted picture of man in fancy clothes sitting on pillowy ornate chair holding book and tilting his head with his hand to the side of his face lower resolution black and white picture of man in fancy clothes sitting on pillowy ornate chair holding book and tilting his head with his hand to the side of his face with large words: Compliments of Ehrich Bros 8th Ave & 24th St.

Bleistein v. Donaldson

advertisement design "of a number of men and women, described as the Stirk family, performing on bicycles":

circus advertisement poster for 'The Great Wallace Shows' containing a portrait of Wallace in the corner featuring in the main an illustration of a number of women and men performing on bicycles, identified as the 'Stirk family'

advertisement design "of an ordinary ballet":

circus advertisement poster for 'The Great Wallace Shows' containing a portrait of Wallace in the corner featuring in the main an illustration of a multitude of women performing ballet

advertisement design "of groups of men and women whitened to represent statues":

circus advertisement poster for 'The Great Wallace Shows' containing a portrait of Wallace in the corner featuring in the main an illustration, depicting several people white and colorless with with faint outlines so as to resemble statues made of light-colored stone, the centerpiece of which, captioned 'Landing of Columbus,' consists of a European person holding a large flag and an upward-pointe sword surrounded by several indigenous persons

Monkey Selfies and David J Slater

Most iconic of the monkey "selfies," depicting "Naruto":

a monkey's face, smiling pleasantly with teeth, looking at camera, with a lush green background - in the style of a selfie

Another of the monkey "selfies":

a picture of a full-body photo of a sober-looking, looking at the camera, in a lush tropical forest, with arm stretched out toward camera, apparently triggering the shutter

Star Athletica v. Varsity Brands

Designs of plaintiff Varsity Brands, reproduced in the opinion:

five designs of cheerleader uniforms with blocks of color and colorful stripes and zig-zag or chevron patterns, the left two appearing to be photos of tops placed on a flat surface, the right three being color illustrations showing the full uniform with faint outlines of the wearer

Figures appended to Breyer's dissent:

Two photos of lamps featuring cat sculptures. The Figure 1 lamp on the left a single base with two elements on it, one element being a light-giving portion consisting of a pole extending upward topped by an illuminated portion with a lamp shade, the other element, separately situated on the base and to the right of the light-giving portion consisting of a three-dimensional representation or sculpture of a house cat apparently made of glossy material such as ceramic. The Figure 2 the lamp on the right has a base upon which there is one element that consists of a three-dimensional representation or sculpture of a house cat apparently made of glossy material such as ceramic, from the top of which protrudes a pole topped by a lampshade. An impressionistic oil painting of laced but untied brown shoes, apparently made of leather and in a partially collapsed state from heavy or lengthy use. Said shoes are the only thing pictured against an apparent tiled floor. A legend below the image says, 'Fig. 3 Vincent Van Gogh, 'Shoes'' An apparent photograph of a simple snowshovel against plain gray background. A legend below the image says, 'Fig. 4 Marcel Duchamp, 'In Advance of the Broken Arm''

Silvertop v. Kangaroo

Image marked as "Appendix A" to the appellate opinion:

Three differnent images of a man in a full-length banana costume with arms and legs protruding through holes and a face protruding through an oval window. Each pictured man appears to be excited and joyful. From left to right, the images are marked 'RASTA IMPOSTA,' 'KANGAROO ITEM 10477,' and 'KANGAROO ITEM 10478'

Exclusion for Federal Government Works (1976 Act's §105; 1909 Act's §8)

NASA, Apollo Program (1960s & 1970s)

In the featureless black of space, the earth appears rising over the lunar surface which spreads out in the foreground
The entire Earth with bright blue oceans and swirling clouds appears as a full disc in the blackness of space

Atomic Energy Commission, Operation Upshot-Knothole, Nevada (1953)

A two-story house by itself in the desert, the house exterior facing a strong light emanates black smoke across its surface
A two-story house is captured in the midst of being violently and completely destroyed by incredible wind force coming from a single direction, the facing wall obliterated, the house interior is revealed as the roof and remaining walls are in the midst of peeling outward and away, pieces of debris are streaking through the air behind the house and in the direction away from the force

Ringgold v. Black Entertainment TV

Screen images of the filmed television scene at issue in Ringgold v. Black Entertainment TV, Inc., 126 F.3d 70 (2d Cir. 1997). The scene is from the sitcom “Roc,” Season 1, Episode 16, “No Notes Is Good Notes,” aired January 12, 1992.

View as full-page slides.
The scene begins. The audience in the church’s large activity room applauds happily in reaction to some just-completed performance. Standing against the wall on the side of the room, Roc (Charles S. Dutton) and wife Eleanor (Ella Joyce) are also enthusiastically clapping. On that wall, closer to the stage, is the framed poster “Church Picnic,” lit from above by a wall-mounted picture light. The framed poster takes up about one twelfth of the image.The scene begins. The audience in the church’s large activity room applauds happily in reaction to some just-completed performance. Standing against the wall on the side of the room, Roc (Charles S. Dutton) and wife Eleanor (Ella Joyce) are also enthusiastically clapping. On that wall, closer to the stage, is the framed poster “Church Picnic,” lit from above by a wall-mounted picture light. The framed poster takes up about one twelfth of the image.
Roc’s brother Joey (Rocky Carroll) strides down the center aisle to the stage to direct his trumpet students in their perfomance. The “Church Picnic” poster takes up about one-twelfth of the screen. The poster is motion blurred. The only other items on the gray-beige wall is a sconce throwing light upward and downward, a motion-blurred electrical wall outlet, and a baseboard. Much of the wall is a large, undecorated expanse.Roc’s brother Joey (Rocky Carroll) strides down the center aisle to the stage to direct his trumpet students in their perfomance. The “Church Picnic” poster takes up about one-twelfth of the screen. The poster is motion blurred. The only other items on the gray-beige wall is a sconce throwing light upward and downward, a motion-blurred electrical wall outlet, and a baseboard. Much of the wall is a large, undecorated expanse.
Joey introduces his four trumpet students on stage at the front of the hall. The wall behind them is essentially blank. A large pastel bouquet of flowers decorates the viewer’s left.Joey introduces his four trumpet students on stage at the front of the hall. The wall behind them is essentially blank. A large pastel bouquet of flowers decorates the viewer’s left.
A medium shot framing Roc and Eleanor in front of blank wall shows the beginnings of dismay on their faces as the trumpets wail and squeak cacophonously.A medium shot framing Roc and Eleanor in front of blank wall shows the beginnings of dismay on their faces as the trumpets wail and squeak cacophonously.
Reverend Hill (Harold Sylvester) is standing beside the same wall as Roc and Eleanor, though closer to the stage. Hill is framed by himself as he looks back toward Roc and Eleanor showing concern. The “Church Picnic” poster fills about one-third of the screen and is in focus. The artwork’s figures and their plates of food can be made out.Reverend Hill (Harold Sylvester) is standing beside the same wall as Roc and Eleanor, though closer to the stage. Hill is framed by himself as he looks back toward Roc and Eleanor showing concern. The “Church Picnic” poster fills about one-third of the screen and is in focus. The artwork’s figures and their plates of food can be made out.
A wider shot shows much of the seated audience as well as Roc, Eleanor, Reverend Hill and a couple other attendees standing against the wall. The “Church Picnic” poster takes up the space between Hill and another attendee. The poster seems to account for a bit more than a twelfth of the image. As seen in this shot, the activity hall’s side wall is also decorated with a sconce and a circular wall-mounted PA speaker grille.A wider shot shows much of the seated audience as well as Roc, Eleanor, Reverend Hill and a couple other attendees standing against the wall. The “Church Picnic” poster takes up the space between Hill and another attendee. The poster seems to account for a bit more than a twelfth of the image. As seen in this shot, the activity hall’s side wall is also decorated with a sconce and a circular wall-mounted PA speaker grille.
While looking back at Roc, Hill begins to applaud the now completed performance. The “Church Picnic” poster dominates the left third of the image; considerable detail can be seen.While looking back at Roc, Hill begins to applaud the now completed performance. The “Church Picnic” poster dominates the left third of the image; considerable detail can be seen.
Now moved toward the hall’s front to confront Joey, Roc leans and stares at his brother while Eleanor angrily waves a finger in a medium shot that leaves Joey mostly out of frame. A portion of the poster, appearing behind Roc’s right shoulder, fills approximately one-sixth of the background.Now moved toward the hall’s front to confront Joey, Roc leans and stares at his brother while Eleanor angrily waves a finger in a medium shot that leaves Joey mostly out of frame. A portion of the poster, appearing behind Roc’s right shoulder, fills approximately one-sixth of the background.
Roc has now moved toward the stage in his confrontation with Joey. The poster is no longer in frame. The background between Roc and Joey is the upright piano in a corner formed by blank walls. Roc has now moved toward the stage in his confrontation with Joey. The poster is no longer in frame. The background between Roc and Joey is the upright piano in a corner formed by blank walls.
A medium close-up on Roc shows his growing disbelief as Joey is offered improbable compliments on his music teaching from implacably proud parents. The poster, out of focus, dominates the left half of the background.A medium close-up on Roc shows his growing disbelief as Joey is offered improbable compliments on his music teaching from implacably proud parents. The poster, out of focus, dominates the left half of the background.

Gottlieb Development v. Paramount Pictures

Screen images of the filmed movie scene at issue in Gottlieb Development LLC v. Paramount Pictures Corp., 590 F. Supp. 2d 625 (S.D.N.Y. 2008). The scene is from the motion picture “What Women Want,” released in theaters in 2000.

View as full-page slides.
People begin to enter the conferencing space for the pitch meeting. The Silver Slugger is one of two pinball machines decorating the set.People begin to enter the conferencing space for the pitch meeting. The Silver Slugger is one of two pinball machines decorating the set.
Nick (Mel Gibson) takes his seat in front of the Silver Slugger, sitting next to Morgan (Mark Feuerstein), his friend/co-worker/confidant. The Silver Slugger is powered up and its lights are on.Nick (Mel Gibson) takes his seat in front of the Silver Slugger, sitting next to Morgan (Mark Feuerstein), his friend/co-worker/confidant. The Silver Slugger is powered up and its lights are on.
Darcy (Helen Hunt) is about to take her seat on the opposite side of the room, which is decorated with large colorful creativity-inspiring graphics and a foosball table, in front of which sit two executives. A basketball hoop hangs on the wall behind and above them, off to the side.Darcy (Helen Hunt) is about to take her seat on the opposite side of the room, which is decorated with large colorful creativity-inspiring graphics and a foosball table, in front of which sit two executives. A basketball hoop hangs on the wall behind and above them, off to the side.
Feeling unprepared, Nick shows panic in a medium shot that frames the two pinball machines behind him. A continuity issue: The Silver Slugger’s lights are off.Feeling unprepared, Nick shows panic in a medium shot that frames the two pinball machines behind him. A continuity issue: The Silver Slugger’s lights are off.
Morgan reacts to dialogue. He is alone in the frame in a medium shot with the Silver Slugger and a chrome diner stool dominating the left-most quarter of the image.Morgan reacts to dialogue. He is alone in the frame in a medium shot with the Silver Slugger and a chrome diner stool dominating the left-most quarter of the image.
In a close-up, Nick’s widened, alert eyes dart to the side. The Silver Slugger, not in focus, fills the background.In a close-up, Nick’s widened, alert eyes dart to the side. The Silver Slugger, not in focus, fills the background.
Nick reacts with dismay, his hand to his head in a medium shot. The two pinball machines dominate the background in slight non-focus. The Silver Slugger’s lights are back on.Nick reacts with dismay, his hand to his head in a medium shot. The two pinball machines dominate the background in slight non-focus. The Silver Slugger’s lights are back on.
Nick is out of his chair as he begins to pace while delivering his thoughts. The Silver Slugger, lights dark again, dominates the right half of the background. Exterior windows letting in diffuse bright light of a hazy day, dominate the left half.Nick is out of his chair as he begins to pace while delivering his thoughts. The Silver Slugger, lights dark again, dominates the right half of the background. Exterior windows letting in diffuse bright light of a hazy day, dominate the left half.
Back in his seat, Nick shows worry while Morgan shows thoughtful reaction to what someone else is saying. The Silver Slugger fills the space between the co-workers. The graphics reading “Silver Slugger” and much of the word “Gottlieb” are legible on the side of the machine’s main cabinet body.Back in his seat, Nick shows worry while Morgan shows thoughtful reaction to what someone else is saying. The Silver Slugger fills the space between the co-workers. The graphics reading “Silver Slugger” and much of the word “Gottlieb” are legible on the side of the machine’s main cabinet body.
The camera’s frame centered back on Nick in a medium shot. The Silver Slugger fills the space between the co-workers. The side graphics “Silver Slugger” and nearly all of the word “Gottlieb” are in soft focus, noticable and legible.The camera’s frame centered back on Nick in a medium shot. The Silver Slugger fills the space between the co-workers. The side graphics “Silver Slugger” and nearly all of the word “Gottlieb” are in soft focus, noticable and legible.

Prof. Eric E Johnson's in-development casebook on copyright law