Leicester v. Warner Brothers, Corp.
United States Court of Appeals for the Ninth Circuit
232 F.3d 1212 (2000)
R&T Development Corporation (R&T) sought to build 801 Tower, an office building. The Los Angeles Community Redevelopment Agency (the agency) required property owners to construct public art in connection with development. R&T commissioned Andrew Leicester (plaintiff) to conduct the artistic development of 801 Tower’s courtyard. The agency required 801 Tower to have a streetwall from the building to the property line to extend the building visually for architectural-design purposes. The agency also required the building, its façade, the streetwall, and the courtyard to share common artistic and architectural elements. Ultimately, Leicester designed the courtyard project, called Zanja Madre, and the project received approval from the agency. Zanja Madre included 12 towers, aside from 801 Tower itself, of varying heights and looks though they all reflected a similar architectural and artistic style. Three of the towers were part of the streetwall. In 1994, R&T granted Warner Brothers, Corporation (Warner Bros.) (defendant) permission to film Batman Forever on the premises of 801 Tower. Four towers and 801 Tower appeared briefly in a few of the motion picture’s scenes. Leicester sued Warner Bros. for copyright infringement. The district court held that Warner Bros. did not commit copyright infringement because § 120(a) of the Architectural Works Copyright Protection Act (AWCPA) exempts all pictorial representations of architectural works from infringement. Leicester appealed, arguing that the towers should be protected as separate pictorial, graphic, and sculptural works from 801 Tower under 17 U.S.C. § 102(a)(5), not as part of an architectural work.
Rule of Law
Holding and Reasoning (Rymer, J.)
Concurrence (Tashima, J.)
Dissent (Fisher, 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 709,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead 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.Learn about our approachRead more about Quimbee
Here's why 709,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,500 briefs, keyed to 983 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.