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SCHROCK v. LEARNING CURVE INTERN., INC.

No. 08-1296.

586 F.3d 513 (2009)

Daniel P. SCHROCK, d/b/a Dan Schrock Photography, Plaintiff-Appellant, v. LEARNING CURVE INTERNATIONAL, INC., RC2 Brands, Inc., and Hit Entertainment, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 5, 2009.

Attorney(s) appearing for the Case

Mark H. Barinholtz (argued), Melinda H. Schramm, Mark H. Barinholtz, P.C., Chicago, IL, for Plaintiff-Appellant.

David G. Hanson (argued), Reinhart, Boerner, Van Deuren, Milwaukee, WI; Matthew T. Furton (argued), Locke Lord Bissell & Liddell, LLP, Chicago, IL, for Defendants-Appellees.

Before FLAUM, WILLIAMS, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

HIT Entertainment ("HIT") owns the copyright to the popular "Thomas & Friends" train characters, and it licensed Learning Curve International ("Learning Curve") to make toy figures of its characters. Learning Curve in turn hired Daniel Schrock, a professional photographer, to take pictures of the toys for promotional materials. Learning Curve used Schrock's services on a regular basis for about four years and thereafter continued to use some...

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