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SYGMA PHOTO NEWS, INC. v. HIGH SOC. MAGAZINE

Nos. 27, 174, Dockets 85-7128, 85-7196.

778 F.2d 89 (1985)

SYGMA PHOTO NEWS, INC., Plaintiff-Appellee-Cross-Appellant, v. HIGH SOCIETY MAGAZINE, INC., Drake Publishers, Inc. and Dorjam Publications, Inc., Defendants, Drake Publishers, Inc. and Dorjam Publications, Inc., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 25, 1985.

Attorney(s) appearing for the Case

Norman S. Beier, New York City (Abelman Frayne Rezac & Schwab, Lawrence E. Abelman, Marianne F. Murray, New York City, of counsel), for defendants-appellants-cross-appellees.

Ben C. Friedman, P.C., New York City, for plaintiff-appellee-cross-appellant.

Before LUMBARD, OAKES, and NEWMAN, Circuit Judges.

OAKES, Circuit Judge:

One of the challenging socio-legal questions raised by this copyright infringement case involves the extent to which the buyers of men's "sophisticate" magazines are motivated to purchase a particular magazine by the cover photo. The question is no less difficult when the photo is, as it is here, one of Raquel Welch in the buff (modestly covering herself in the nature of September Morn). The United States District Court for the Southern District...

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