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PHOTOGRAPHIC ILLUSTRATORS CORP. v. ORGILL, INC.

No. 19-1452.

953 F.3d 56 (2020)

PHOTOGRAPHIC ILLUSTRATORS CORPORATION, Plaintiff, Appellant, v. ORGILL, INC., Defendant, Appellee, Farm & City Supply, LLC, Defendant.

United States Court of Appeals, First Circuit.

March 13, 2020.

Attorney(s) appearing for the Case

Charles E. Fowler, Jr. , Austin, TX, with whom Gary Cruciani , Dallas, TX, McKool Smith, PC, Craig R. Smith , Eric P. Carnevale , and Lando & Anastasi, LLP, Cambridge, MA, were on brief, for appellant.

Virginia H. Snell , with whom Byron E. Leet , Louisville, KY, Thomas E. Travis , Lexington, KY, Wyatt, Tarrant & Combs, LLP, James F. Radke , Boston, MA, and Murtha Cullina LLP were on brief, for appellee.

Before Howard, Chief Judge, Lynch and Kayatta, Circuit Judges.

In this case of first impression in the circuit courts, we hold that a copyright licensee given the unrestricted right to grant sublicenses may do so without using express language.

I.

Photographic Illustrators Corp. ("PIC") provides commercial photography services — primarily photos of consumer goods...

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