From our private database of 22,300+ case briefs...
Leigh v. Warner Brothers, Inc.
United States Court of Appeals for the Eleventh Circuit
212 F.3d 1210 (2000)
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
Holding and Reasoning (Kravitch, 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 516,000 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 516,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 22,300 briefs, keyed to 984 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.