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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From Tiffany Design v Reno-Tahoe Specialtys, 55 F. Supp. 2d 1113 (D.Nev. 1999)

Both parties agree that the 1998 Image is essentially a computer-enhanced photograph. Defendant, however, mistakenly contends that the contents or constituent elements of this work cannot constitute protected expression for purposes of the Copyright Act.

It is basic copyright law that a photograph possesses a wide range of protectable elements, including the posture of subjects, lighting, angle, selection of film and camera, the collective arrangement of points of interest to create pleasing configurations and the evocation of desired expressions or appearances. See Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53, 60, 4 S.Ct. 279, 28 L.Ed. 349 (1884); see also Los Angeles News Serv. v. Tullo, 973 F.2d 791, 794 (9th Cir.1992) (finding videotapes to be copyrightable due to conscious selection of camera lenses, exposures, viewer perspective and editing). Nimmer has stated that under this metric, it is the prevailing view that almost any photographic image will possess sufficient originality to support a copyright, barring the slavish reproduction of another photograph or work. 1 Nimmer, Nimmer on Copyright § 2.08[E][1] (1998). Here, Defendant's own graphic artist concedes that it scanned, at the very least, a substantial portion of the 1998 Image as a precursor to graphical manipulation and insertion of some of its elements into Defendant's allegedly infringing products. (See Johnson Decl. at 54, 106). While the parties dispute the exact extent of this borrowing, both sides agree that at least six architectural structures were removed from the precursor image and placed into Defendant's products. (See Def.'s Opp., Doc. # 70, at 16-17; Pl.'s Mot. for S.J., Doc. # 58, at 22.) The scanning of such sections from the 1998 Image would constitute the copying of original photographic elements.

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