[Download] "Davis v. the Gap" by 1999 United States Court of Appeals for the Second Circuit August Term # eBook PDF Kindle ePub Free

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eBook details

• Title: Davis v. the Gap
• Author : 1999 United States Court of Appeals for the Second Circuit August Term
• Release Date : January 03, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

Creator of nonfunctional jewelry worn in the manner of eyeglasses brought this action in the U.S. District Court for the Southern District of New York (Sweet, J.) alleging copyright infringement after the defendant, an international retailer, used a photograph of an individual wearing the plaintiffs design as part of an advertising campaign for defendants merchandise. The district court granted summary judgment for the defendant. The Court of Appeals, Leval, Circuit Judge, affirms in part, but vacates the judgment and remands, finding that (1) plaintiff pleaded a sustainable claim for declaratory relief, (2) plaintiffs evidence was sufficiently concrete to justify a damage award under 17 U.S.C. § 504 based on plaintiffs failure to collect a reasonable license fee, (3) punitive damages were not available, (4) the action was not subject to dismissal under the de minimus rule, and (5) the defendants use was not protected by the fair use doctrine. Affirmed in part, vacated in part, and remanded for further proceedings.

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