Pleading Requisite Creativity of Photographs Does Not Require Aspect-Specific Allegations​

The court denied defendant’s motion to dismiss plaintiff’s infringement claim because plaintiff sufficiently alleged its photographs contained the requisite amount of originality and creativity. “Plaintiff alleges that the photographs [at issue] are ‘original, creative works.’ In ruling on Defendant’s motion to dismiss, the Court accepts this allegation as true and construes it in Plaintiff’s favor. The Court does not believe that to survive the motion to dismiss, Plaintiff was required to add factual allegations as to what specific aspects of the photos—such as lighting, or background—were creative. The Court cannot say as a matter of law that Defendant overcame the presumption of validity of Plaintiff’s copyrights, or that the product-accurate photos do not meet the minimal originality requirement in Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (1991), so as to protect them from the outright copying that allegedly occurred here.”

etrailer Corporation v. Onyx Enterprises Int’l Corp. d/b/a, 4-17-cv-01284 (MOED 2018-02-07, Order) (Audrey G. Fleissig)

2018-02-09T12:57:02+00:00February 9th, 2018|Copyright, Docket Report|