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MODERN PUB., A DIV. OF UNISYSTEMS v. LANDOLL, INC.

No. 93 Civ. 0301 (CSH).

841 F.Supp. 129 (1994)

MODERN PUBLISHING, A DIVISION OF UNISYSTEMS, INC., Plaintiff, v. LANDOLL, INC., Defendant.

United States District Court, S.D. New York.

January 10, 1994.

Attorney(s) appearing for the Case

Schwartzman Weinstock Garelik & Mann, P.C., New York City (Howard L. Mann, Donald A. Pitofsky, of counsel), for plaintiff.

James and Franklin, New York City (Robert L. Epstein, of counsel), for defendant.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This copyright case, in which plaintiff and defendant cross-move for summary judgment on the issue of infringement, requires the Court to consider the extent of copyright protectibility where the same artist creates derivative works based the same object in the public domain.

Background

At the center of this litigation stands the Troll. The Troll is "a supernatural creature of...

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