Zito

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

Defendants’ motion to dismiss was heard on January 10, 2003. For the reasons set forth below, the court grants in part and denies is part defendants’ motion.

I. BACKGROUND

This is a Copyright infringement case. The central issue in this case is whether defendants’ alleged unauthorized use of a photograph allegedly taken by plaintiff Tom Zito in a documentary film produced by defendants violates Zito’s federal and state rights. Zito’s Amended and Recast Complaint for Damages includes federal claims under the Copyright Act, 17 U.S.C. § 101 , et seq., and section 43(a) of the Lanham Act, 15 U.S.C. § 1125 , and state claims under theories of unjust enrichment, conversion, and fraud. Zito seeks to recover declaratory and injunctive relief, compensatory damages, punitive damages and attorney’s fees. The question in this motion is whether Zito’s Amended and Recast Complaint for Damages states a claim for which relief can be granted. The relevant factual background, taken in a light most favorable to the plaintiff, is as follows.

Plaintiff took a photograph of Ansel Adams in front of Half Dome in Yosemite…