Leigh v. Warner Brothers, Inc.
United States Court of Appeals for the Eleventh Circuit
212 F.3d 1210 (2000)
- Written by Eric Miller, JD
Facts
A photograph of a cemetery statue by Jack Leigh (plaintiff) appeared on the cover of the novel Midnight in the Garden of Good and Evil. Warner Brothers, Inc. (Warner) (defendant) adapted the novel into a film. To promote the film, Warner took new photographs and filmed footage of a replica of the statue that had been photographed by Leigh. The replica was placed in a different location within the same cemetery, creating differences in surrounding gravestones and greenery. The Warner publicity materials were also set apart from the Leigh photograph by the smaller size and more distant appearance of the statue; additional iconography, including a Celtic cross; and more extreme lighting contrast. However, similarities included the use of a low angle, Spanish moss as a kind of top border to the image, and lighting that illuminated the statue relative to other visual elements within the cemetery. Leigh brought suit. The district court considered the lighting, shading, angle, timing, and film quality of Leigh’s photograph as its core artistic elements. The district court granted summary judgment for Warner. Leigh appealed. The United States Court of Appeals for the Eleventh Circuit granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Kravitch, J.)
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