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Leibovitz v. Paramount Pictures Corp.
United States Court of Appeals for the Second Circuit
137 F.3d 109 (1998)
Annie Leibovitz (plaintiff) was a photographer whose most recognizable work was a photograph of a nude, pregnant Demi Moore that was featured on the cover of Vanity Fair magazine in August 2011. Paramount Pictures Corporation (defendant), in connection with its forthcoming release of the motion picture Naked Gun 33 1/3: The Final Insult, launched an advertising campaign that included a head shot of Leslie Nielsen superimposed onto a photograph of a nude, pregnant woman, similarly posed and adorned as Moore, with the words “due this March.” Leibovitz sued Paramount for copyright infringement. The district court granted Paramount’s motion for summary judgment after ruling that the undisputed facts demonstrated Paramount was entitled to the fair-use defense. Leibovitz appealed.
Rule of Law
Holding and Reasoning (Newman, J.)
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