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Mirage Editions, Inc. v. Albuquerque A.R.T. Co.

United States Court of Appeals for the Ninth Circuit
856 F.2d 1341 (1988)


Facts

Albuquerque A.R.T. Co. (A.R.T.) (defendant) was a company that purchased art books and prints, removed the individual art works from the books and prints, and mounted the removed works onto tiles for sale and display. Mirage Editions, Inc. (Mirage) (plaintiff) was the owner of several copyrights for art created by Patrick Nagel. Many of Nagel’s individual works were selected and licensed for use in a compilation book featuring Nagel’s art. A.R.T. took pages from the compilation book and applied the pages to tiles via A.R.T.’s mounting process. Mirage brought a claim of copyright infringement against A.R.T. for unauthorized use of the works contained within the compilation book. The district court granted summary judgment in favor of Mirage, holding that the mounting of individual works constituted the preparation of derivative works and violated Mirage’s copyright rights in Nagel’s works. A.R.T. appealed the decision.

Rule of Law

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Issue

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Holding and Reasoning (Brunetti, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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