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KAPLAN v. STOCK MARKET PHOTO AGENCY, INC.

No. 99 CIV. 10218 AGS.

133 F.Supp.2d 317 (2001)

Peter B. KAPLAN, Plaintiff, v. THE STOCK MARKET PHOTO AGENCY, INC., Bruno Benvenuto, Fox News Network, L.L.C., and Crain Communications, Inc., Defendants.

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

March 6, 2001.

Attorney(s) appearing for the Case

L. Donald Prutzman, New York City, for Peter B. Kaplan.

Dori Ann Hanswirth, New York City, for Fox News Network, L.L.C. and Crain Communications, Inc.

Joseph M. Burke, New York City, for Defendants.

OPINION AND ORDER

SCHWARTZ, District Judge.

This action relates to two photographs, one published by plaintiff and one by defendants, which depict a frequently portrayed metropolitan scene: a businessperson contemplating a leap from a tall building onto the bustling city street below. Plaintiff brings claims for copyright infringement under 17 U.S.C. §§ 101 et seq. and for unfair competition arising out of defendants' publication...

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