Jarvis

I. BACKGROUND

A. Factual History

Jarvis is a professional photographer who specializes in outdoor sports images. K2 is a corporation that sells outdoor 1 Unless otherwise noted, all statutory citations in this opinion are to Title 17 of the United States Code. 2 The collage ads are appended to this opinion as Appendix A. 4738 JARVIS v. K2 INC. sporting goods such as skis, snowboards, skates and bikes. Jarvis and K2 entered into five separate agreements from 1999 to 2002, pursuant to which Jarvis took photographs for K2 and sent it the resulting slides in exchange for compensa- tion. Each delivery of slides was accompanied by a delivery memorandum that, among other things, stated that “[l]oss or damage of any image will result in a $1,500 fee per image, as set forth by industry standards.”

Three of the five agreements between Jarvis and K2 were oral. Of greater relevance here, two agreements were written by Jarvis and entered into, respectively, on October 6, 2000 (“2000 Agreement”) and December 13, 2001 (“2001 Agree- ment”). Both of these agreements authorized K2 to “publish images” provided by Jarvis in K2’s “brochures, print adver- tisements, trade…