Quimbee logo
DMCA.com Protection Status

Schrock v. Learning Curve International, Inc.

586 F.3d 513 (7th Cir. 2009)

Case BriefQ&ARelatedOptions
From our private database of 22,600+ case briefs...

Schrock v. Learning Curve International, Inc.

United States Court of Appeals for the Seventh Circuit

586 F.3d 513 (7th Cir. 2009)

Play video

Facts

HIT Entertainment (HIT) (defendant) owned the copyright of the Thomas & Friends train characters, which HIT licensed to Learning Curve International, Inc. (Learning Curve) (defendant) to make children’s toys. Learning Curve contracted with Daniel Schrock (Schrock) (plaintiff) to take photographs of the toys from 1999 to 2003. Afterward, Learning Curve continued to use Schrock’s photographs. In 2004, Schrock sued Learning Curve and HIT for copyright infringement. Schrock stated that his process for depicting the toys included choosing techniques that would make the toys look slightly better than they would in person. The district court granted summary judgment for HIT and Learning Curve, holding that Schrock’s photographs were derivative works and did not meet the originality threshold necessary to obtain copyright protection. The court further held that Schrock would have required Learning Curve’s permission to copyright the photographs, which Schrock did not have. Schrock appealed.

Rule of Law

Issue

Holding and Reasoning (Sykes, J.)

What to do next…

  1. 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 519,000 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
  2. 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 519,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 22,600 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.

Questions and answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Access this case brief for FREE

With a 7-day free trial membership
Here's why 519,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 22,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership