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LEIBOVITZ v. PARAMOUNT PICTURES CORP.

No. 94 Civ. 9144 (LAP).

948 F.Supp. 1214 (1996)

Annie LEIBOVITZ, Plaintiff, v. PARAMOUNT PICTURES CORPORATION, Defendant.

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

December 18, 1996.

Attorney(s) appearing for the Case

Tennyson Schad, Norwick & Schad, New York City, for Annie Leibovitz.

Jonathan Zavin, Richards & O'Neil, LLP, New York City, for Paramount Pictures Corporation.

MEMORANDUM AND ORDER

PRESKA, District Judge:

This action examines the extent to which a parody that appears in the form of an advertisement can constitute a fair use of a copyrighted work. Plaintiff is a well-known photographer who shot a photograph of the actress Demi Moore that appeared on the August, 1991 cover of Vanity Fair. Ms. Moore was eight months pregnant and nude in the photo, the publication of which aroused a great deal of controversy...

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