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HART v. DAN CHASE TAXIDERMY SUPPLY CO., INC.

No. 1077, Docket 95-7603.

86 F.3d 320 (1996)

Forest HART, Sculptor; Thomas Ray, d/b/a Hartforms; Research Mannikins; Joseph M. Kish, f/k/a Rocky Mountain Forms; Foster Taxidermy Supply; Martin Industries; SCR Corporation d/b/a Jonas Supply Co.; Precision Mannikins, Inc.; Joe Coombs Classics, Inc., Plaintiffs, Archie Phillips; Jim Allred Taxidermy Supply; Matt Thompson Taxidermy and Supply, Inc., Plaintiffs-Appellants, v. DAN CHASE TAXIDERMY SUPPLY COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 26, 1996.

Attorney(s) appearing for the Case

Michael A. Oropallo, Hancock & Estabrook, LLP, Syracuse, NY, for Plaintiffs-Appellants.

Lawrence Trapani (Bernhard P. Molldrem, James J. Guiliano), Trapani & Molldrem, Syracuse, NY, for Defendant-Appellee.

Before: FEINBERG, MAHONEY, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

In Carol Barnhart Inc. v. Economy Cover Corp., 773 F.2d 411, 418-19 (2d Cir.1985), we held that mannequins of human torsos were not copyrightable sculptural works. The parties before us today dispute whether the Copyright Act protects not human forms, but rather forms designed to hold up fish skins. This case therefore presents a modest question: Is taxidermy...

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