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HORGAN v. MACMILLAN, INC.

No. 878, Docket 85-7954.

789 F.2d 157 (1986)

Barbara HORGAN, As Executrix of the Estate of George Balanchine, Plaintiff-Appellant, v. MACMILLAN, INC., Ellen Switzer, Steven Caras, and Costas, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 28, 1986.

Attorney(s) appearing for the Case

Lois D. Thompson, New York City (Proskauer, Rose, Goetz & Mendelsohn, E. Gabriel Perle, of counsel), for plaintiff-appellant.

Robert J. Bernstein, New York City (Cowan, Liebowitz & Latman, P.C., Roger L. Zissu, Jan F. Constantine, of counsel), for defendants-appellees.

Before FEINBERG, Chief Judge, and NEWMAN and WINTER, Circuit Judges.

FEINBERG, Chief Judge:

This appeal presents the novel question whether still photographs of a ballet can infringe the copyright on the choreography for the ballet. Barbara Horgan, executrix of the estate of the renowned choreographer George Balanchine, appeals from a judgment of the United States District Court for the Southern District of New York, Richard Owen, J., denying her motion for a preliminary injunction. Appellant Horgan sought to enjoin the publication...

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