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DUMAS v. GOMMERMAN

No. 87-6542.

865 F.2d 1093 (1989)

Jennifer DUMAS, an individual and successor-in-interest to Patrick Nagel, Plaintiff-Appellee, v. Stefan GOMMERMAN, dba Eva & Steve Dorog Gallery; S & I Gommerman Publishing, Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 13, 1989.

Attorney(s) appearing for the Case

Jay S. Rothman and Leland (L.L.) Whitney, Encino, Cal., for defendants-appellants.

Gary S. Phillips and Anthony Kornarens, Rosenberg, Nagler & Phillips, Beverly Hills, Cal., for plaintiff-appellee.

Before FLETCHER, CANBY and O'SCANNLAIN, Circuit Judges.

FLETCHER, Circuit Judge:

Defendants appeal the grant of a preliminary injunction restraining them from reproducing and marketing works of art in which plaintiffs claim copyrights. This copyright infringement case requires us to construe for the first time in this circuit the work for hire provisions of the 1976 Copyright Act, 17 U.S.C. § 101 et seq.

I. FACTS

The parties dispute the ownership of copyrights in four works of art (the "ITT...

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