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Leigh v Warner Brothers, 212 F.3d 1210 (11 Cir. 2000) The appeal concerned the scope of a photographer's copyright and trademark rights in his work, the role of the court in determining whether images are "substantially similar" for purposes of copyright, and the power of the court to rule on dispositive motions without first allowing broad discovery. Jack Leigh took the now-famous photograph of the Bird Girl statue in Savannah's Bonaventure Cemetery that appears on the cover of the best-selling novel Midnight in the Garden of Good and Evil. Warner Brothers made a film version of the novel and used images of the Bird Girl both in promotional materials and in the movie itself. Leigh sued Warner Brothers, asserting that it infringed his copyright and trademark rights in the Bird Girl photograph. The district court correctly ascertained the elements of Leigh's photograph protected by copyright and determined that the Warner Brothers film sequences are not substantially similar to those protected elements. Affirmed. As for Leigh's Lanham Act claims, the evidence that Leigh used the Bird Girl photograph to identify the source of his other work prior to the Warner Brothers movie is insufficient to establish the photograph as a trademark. Affirmed. Copyright infringement is generally a question of fact for the jury to decide, however, and the court erred in holding as a matter of law that no reasonable jury could find that the Warner Brothers promotional single-frame images were substantially similar to the aspects of Leigh's work protected by copyright. Remanded on this one issue.