Photographer of football photo is on the legal war path

Started Feb 19, 2013 | Discussions thread
santamonica812
Contributing MemberPosts: 818Gear list
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Re: He wont win.
In reply to Rdefen, Feb 26, 2013

Yeah, the actual claims are very straightforward.  If the facts as alleged are true, it's a pretty cut-and-dried case of infringement.  Having said that; it is--overall--an astonishingly poor Complaint.  The first section, in particular, is dreadful.  A court does not care if a photographer is proud of his work or not.  This section is filled with irrelevant asides, and reads more like a beginning Toastmaster asked to tell the life story of this photographer.  I will use this first section for my Legal Writing & Research class, to show my students a good example of what *not* to do.

I suspect that this plaintiff would actually win, if it were to go to trial.  But, I expect all or most parties to settle . . . I just don't see a valid defense for any of the defendants (other than perhaps Desmond Howard--as the actual subject, he might have a 'fair use' defense that the other defendants do not have.)

Note:  I am not an intellectual property attorney, so your mileage may vary.

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