Dental Photos Case Shows Copyright Threshold Has Bite

By Matthew Nelles ( July 11, 2018, 2:03 PM EDT) -- In a highly entertaining summary judgment opinion infused with puns and wordplay, U.S. District Judge Mark Walker of the Northern District of Florida determined that no reasonable jury could find that a plaintiff-dentist's before-and-after photos of his patient's teeth are sufficiently creative or original to warrant copyright protection. The order, issued on June 20, 2018, enhances that body of law where courts have determined that an author's work was not sufficiently creative to overcome the low bar needed to establish a valid copyright. And in any business using uninspired photographs merely to identify their goods or services, whether in the restoration health care field or otherwise, Judge Walker's decision "should have some bite."...

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