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United States · Photographs of artworks

Harney v. Sony: recreating a news photograph

Decision date · 7 January 2013

Context photograph: The John Joseph Moakley Courthouse, seat of the First Circuit in Boston.
Context photograph: The John Joseph Moakley Courthouse, seat of the First Circuit in Boston. ajay_suresh · CC BY 4.0 · Resized

The dispute

A television film recreated a news image showing a father carrying his daughter on his shoulders.

The decision

The court held that the recreation shared factual elements with the photograph but lacked substantial similarity in protectable expression.

Source

First Circuit · 704 F.3d 173

Harney v. Sony: recreating a news photograph | ArtTraceX