Brod

Brod v. General Publishing Group, Inc.

Good Law
32 F. App'x 231
United States Court of Appeals for the Ninth CircuitFebruary 15, 2002No. 00-56206; D.C. No. CV-98-09520-DDPCalifornia1,975 words

Opinion

Lead Opinion

MEMORANDUM **

Garry Mark Brod appeals the District Court’s grant of summary judgment for Phillip Collins, dismissing his copyright infringement action because Collins is a coauthor of the photographs, which were the subject of the copyright at issue. Collins cross-appeals the District Court’s denial of attorney’s fees under 17 U.S.C. § 505 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I. FACTUAL BACKGROUND

Brod is a professional photographer. Collins is the author of numerous books and calendars featuring photographs of memorabilia. In 1991, Collins proposed that Brod photograph vintage televisions for use in a book he hoped to publish. Brod assented. Collins arranged to photograph a collection of televisions, and he and Brod traveled together to the site of the shoot. Brod and Collins collaborated in the photography session, cleaning and setting up the televisions and props. Before Brod triggered the shutter, Collins viewed a preliminary Polaroid test photograph of each image and made suggestions regarding any changes he thought appropriate. After the shoot, Brod developed the photographs into transparencies and delivered them to Collins for a mock-up…

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