on Mirage & Munoz
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Precious Moments v La Infantil, 971 F. Supp. 66 (D.P.R. 1997),
Mirage and its progeny have been criticized by others as well.
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Lee v. Deck the Walls, Inc, 925 F.Supp. 576 (N.D.Ill.1996),
this court disagrees with the Munoz court; the court finds the proffered distinctions between framed art and "tiled art" unconvincing and
without support.
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Mirage Editions, Inc. v. Albuquerque A.R.T. Co, 856 F.2d 1341 (9th Cir. 1988),
bad case law concerning derivatives.
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Mirage Editions, Inc. v. Albuquerque A.R.T. Co, 856 F.2d 1341 (9th Cir. 1988),
Mirage has been disclaimed by most other circuits and by many legal scholars: including Professor Nimmer.
on 9th Circuit
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Lee v. Deck the Walls, Inc, 925 F.Supp. 576 (N.D.Ill.1996),
the Ninth Circuit ignores the definition of a "derivative work" found in § 101, in which Congress specifically included an originality requirement.
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LEE v A.R.T. Company, 125 F.3d 580 (7th Cir. 1997),
Scholarly disapproval of Mirage Editions has been widespread.
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