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Ringgold v. Black Entertainment Television, Inc.

United States Court of Appeals for the Second Circuit
126 F.3d 70 (1997)

Written by Eric Miller, JD

Facts

Faith Ringgold (plaintiff) created and copyrighted an artistic poster called “Church Picnic Story Quilt.” The poster was licensed for reproduction and sale at $20 per copy. After Ringgold noticed the poster had been incorporated into the set decoration in an episode of the television series ROC, she brought suit against Home Box Office, Inc. (HBO) (defendant), which produced the show, and Black Entertainment Television, Inc. (BET) (defendant), which broadcast the show on cable. Ringgold’s work appeared in nine shots, not always in exact focus, with an aggregate duration of 26.75 seconds. HBO and BET cited the defenses of de minimis and fair use. The district court agreed with the fair-use defense and granted summary judgment for HBO and BET. Ringgold appealed. The United States Court of Appeals for the Second Circuit granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Newman, J.)

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