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ETS-HOKIN v. SKYY SPIRITS, INC.

No. 98-17072.

225 F.3d 1068 (2000)

Joshua ETS-HOKIN, Plaintiff-Appellant, v. SKYY SPIRITS, INC., a Delaware corporation; Maurice Kanbar; Daniel Dadalt; Needham; Does 1 through 50, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 18, 2000.

Attorney(s) appearing for the Case

Charles D. Ossola and Jule L. Sigall, Arnold & Porter, Washington, D.C., and Christopher C. Welch, San Francisco, California, for the appellant.

James Wesley Kinnear and Karen D. Fineran, Makoff Kinnear Counsel PC, San Francisco, California, for the appellees.

Victor S. Perlman, Princeton Junction, New Jersey, for amicus American Society of Media Photographers, Inc.

Before: HUG, Jr., Chief Judge, and D.W. NELSON and M. MARGARET McKEOWN, Circuit Judges.

Opinion by Judge McKEOWN; Dissent by Judge D.W. NELSON.

McKEOWN, Circuit Judge:

This case requires us to apply copyright principles to stylized photographs of a vodka bottle. Specifically, we must decide whether professional photographer Joshua Ets-Hokin's commercial photographs, dubbed "product shots," of the Skyy Spirits vodka bottle merit copyright protection. Given the Copyright Act's low threshold for originality generally and the minimal amount of originality...

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