Friday, November 02, 2007

Hula Litigants Dance to a Different Tune

On December 22, 2006, a district court in Hawaii issued an opinion in a dispute between a photographer and the owner of an art gallery, Reece v. Island Treasures Art Gallery, 468 F. Supp.2d 1197 (D. Hawaii 2006). The dispute centered on the photographer's picture of a hula dancer, which the photographer alleged was infringed by a stained glass work of art being sold by the gallery. Judge Seabright denied plaintiff's motion for a preliminary injunction finding she had failed to establish a likelihood of success, even though there is a pretty close similarity between the poses in the two works.

A TV station in Hawaii is now reporting the parties have settled, with the gallery paying $60,000 in attorney's fees. Here is a link to the clip, which helpfully displays the two works. Let the luau begin!


Anonymous said...

I am afraid the link does not seem to be working.

William Patry said...

I just checked it again and it worked on my Mac.Here is the homepage link to the station:
Maybe you can find it from there

Anonymous said...

I wonder if someone will be trying to claim copyright on a picture featuring the "bus stop" a thousand years from now. Won't it be neat if this case is used as precedent? (IANAL)