Tabberone is pronounced tab ber won not tay ber own

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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 Ets-Hokin v Skyy Spirits, 225 F.3d 1068 (9th Cir. 2000) In view of the low threshold for the creativity element, and given that the types of decisions Ets-Hokin made about lighting, shading, angle, background, and so forth have been recognized as sufficient to convey copyright protection, we have no difficulty in concluding that the defendants have not met their burden of showing the invalidity of Ets-Hokin's copyright, and that Ets-Hokin's product shots are sufficiently creative, and thus sufficiently original, to merit copyright protection. See also Bleistein, 188 U.S. at 250 ("The least pretentious picture has more originality in it than directories and the like, which may be copyrighted."). Finally, although Ets-Hokin took photos that undoubtedly resemble many other product shots of the bottle--straight-on, centered, with back lighting so that the word "Skyy" on the bottle is clear--the potential for such similarity does not strip his work of the modicum of originality necessary for copyright ability. Indeed, the fact that two original photographs of the same object may appear similar does not eviscerate their originality or negate their copyright ability. See Feist, 499 U.S. at 345-46 ("Originality does not signify novelty; a work may be original even though it closely resembles other works so long as the similarity is fortuitous, not the result of copying. To illustrate, assume that two poets, each ignorant of the other, compose identical poems. Neither work is novel, yet both are original and, hence, copyright-able.").