Thursday, August 18, 2011

Dismissed (UPDATED)

Janine Gordon's copyright infringement suit against Ryan McGinley has been dismissed on grounds of "utter lack of similarity."  I'll put up a link when I find one, but for now, here's an excerpt:

"Plaintiff's apparent theory of infringement would assert copyright interests in virtually any figure with outstretched arms, any interracial kiss, or any nude female torso.  Such a conception of copyright law has no basis in statute, case law, or common sense, and its application would serve to undermine rather than promote the most basic forms of artistic expression.  One might have hoped that Plaintiff -- an artist -- would have understood as much, or that her attorneys, presumably familiar with the basic tenets of copyright and intellectual property law, would have recognized the futility of this action before embarking on a long, costly, and ultimately wasteful course of litigation in a court of law."

The Court also noted that "the remedy for the instant dispute lies in the court of public or expert opinion and not the federal district court."

UPDATE:  Here's a link to the decision.