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ROGERS v. KOONS

Nos. 234, 388 and 235, Dockets 91-7396, 91-7442 and 91-7540.

960 F.2d 301 (1992)

Art ROGERS, Plaintiff-Appellee-Cross-Appellant, v. Jeff KOONS; Sonnabend Gallery, Inc., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 2, 1992.

Attorney(s) appearing for the Case

John B. Koegel, New York City (Frank H. Wright, Michael D. Rips, Cathy Wright Isaacson, Wright Manning Rips & Maloney, of counsel), for defendants-appellants Jeff Koons and Sonnabend Gallery, Inc.

L. Donald Prutzman, New York City (Andre R. Jaglom, Stecher Jaglom & Prutzman, of counsel), for plaintiff-appellee Art Rogers.

Gregory F. Hauser, New York City (Walter, Conston, Alexander & Green, P.C., New York City, Louis A. Colombo, John D. Parker, Michael K. Farrell, Baker & Hostetler, Cleveland, Ohio, of counsel), filed a brief on behalf of United Feature Syndicate, Inc. as amicus curiae.

Before: CARDAMONE, PIERCE and WALKER, Circuit Judges.

CARDAMONE, Circuit Judge:

The key to this copyright infringement suit, brought by a plaintiff photographer against a defendant sculptor and the gallery representing him, is defendants' borrowing of plaintiff's expression of a typical American scene — a smiling husband and wife holding a litter of charming puppies. The copying was so deliberate as to suggest that defendants resolved so long as they were significant players in the art business, and the copies...

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