Bill Graham Archives v. Dorling Kindersley Ltd.
United States Court of Appeals for the Second Circuit
448 F.3d 605 (2d Cir. 2006)
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
Holding and Reasoning (Restani, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.