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Bill Graham Archives v. Dorling Kindersley Ltd.

United States Court of Appeals for the Second Circuit
448 F.3d 605 (2d Cir. 2006)


Facts

Dorling Kindersley Ltd. (DK) (defendant) published an illustrated biography of the Grateful Dead in the form of a coffee table book. The book was 480 pages. As part of the book, DK used seven artistic images to which Bill Graham Archives (BGA) (plaintiff) owned the copyright. The images were originally on Grateful Dead tickets or concert posters. For its book, DK reduced the size of the images and wrote descriptive captions to accompany them. In general, DK placed the images and others in chronological order, creating a timeline of Grateful Dead concerts and events. DK had reached out to BGA to obtain consent to use the images, but the talks stalled after BGA asked for licensing fees. BGA brought a copyright infringement suit against DK. The United States District Court for the Southern District of New York granted summary judgment to DK. BGA appealed.

Rule of Law

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Issue

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Holding and Reasoning (Restani, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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