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ZITO v. STEEPLECHASE FILMS, INC.

No. C-02-02168 RMW.

267 F.Supp.2d 1022 (2003)

Tom ZITO, Plaintiff, v. STEEPLECHASE FILMS, INC., a New York Corporation, the Public Broadcasting Service, a not for profit corporation, d/b/a PBS, and Sierra Club Productions, a California Corporation, Defendants.

United States District Court, N.D. California. San Jose Division.

January 30, 2003.

Attorney(s) appearing for the Case

Terry D. Jackson, Terry D. Jackson, P.C., Philip Walden, Jr., Jones & Walden, LLC, Atlanta, GA, William E. Weiss, Law Offices of William E. Weiss, San Francisco, CA, for Plaintiff.

Thomas R. Burke, Davis Wright Tremaine LLP, San Francisco, CA, Alison G. Naidech, Peter D. Raymond, Hall Dickler Kent Goldstein & Wood, New York City, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFEDANTS' MOTION TO DISMISS

WHYTE, District Judge.

Defendants' motion to dismiss was heard on January 10, 2003. For the reasons set forth below, the court grants in part and denies is part defendants' motion.

I. BACKGROUND

This is a Copyright infringement case. The central issue in this case is whether defendants' alleged unauthorized use of a photograph allegedly taken by plaintiff Tom Zito in...

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