Intellectual Property,
9th U.S. Circuit Court of Appeals
Feb. 5, 2018
9th Circuit: Art not protected when it depicted an animal pose found in nature
The 9th U.S. Circuit Court of Appeals has affirmed a district court’s ruling that an artist cannot claim copyright violations over a depiction of swimming dolphins, since the scene occurs in nature and other elements of the images are dissimilar.
The 9th U.S. Circuit Court of Appeals has affirmed a district court's ruling that an artist cannot claim copyright violations over a depiction of swimming dolphins, since the scene occurs in nature and other elements of the images are dissimilar.
"We hold that the depiction of two dolphins crossing underwater in this case is an idea that is found first in nature and is not a protectable element," wrote Judge Ronald M. Gould.
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