The 1998 Vegas Strip The 1998 Vegas Strip ImageImage

Copyright Brief: Copyright Brief: Tiffany Design, Inc v. Reno-Tahoe Specialty, IncTiffany Design, Inc v. Reno-Tahoe Specialty, Inc

Kim PoseyKim Posey

LIBM 6320LIBM 6320

Tiffany Design, Inc Tiffany Design, Inc v. v.

Reno-Tahoe Specialty, IncReno-Tahoe Specialty, Inc

Plaintiffs Plaintiffs

Tiffany DesignTiffany Design

Owned byOwned by

Grant Gresser Grant Gresser

DefendantDefendant

Reno-Tahoe Reno-Tahoe SpecialtySpecialty

Summary:Summary: Purpose: The use of the images and the developments of Purpose: The use of the images and the developments of

the composite picture were to create a commercial the composite picture were to create a commercial product, weighing against fair use.product, weighing against fair use.

Nature: The image copied was a computer-enhanced Nature: The image copied was a computer-enhanced photograph, with numerous original elements of lighting, photograph, with numerous original elements of lighting, perspective, shading, and subject orientation. The creative perspective, shading, and subject orientation. The creative nature of the original work tipped this factor against fair nature of the original work tipped this factor against fair use.use.

Amount: The entire image was scanned, although only Amount: The entire image was scanned, although only portions were used.portions were used.

Effect: The court found that incorporation of components Effect: The court found that incorporation of components of the scanned image could harm the commercial demand of the scanned image could harm the commercial demand for Tiffany’s depictions of the Las Vegas Strip, causing this for Tiffany’s depictions of the Las Vegas Strip, causing this factor to weigh against fair use.factor to weigh against fair use.

(Columbia University Libraries/Information Services, 2011)(Columbia University Libraries/Information Services, 2011)

Facts:Facts: Between 1994 and 1998, Grant Gresser hired Between 1994 and 1998, Grant Gresser hired

photographer, David Phillips, to take aerial photographer, David Phillips, to take aerial photographs of the Las Vegas Strip. photographs of the Las Vegas Strip.

He later hired graphic artist Robert Burton to He later hired graphic artist Robert Burton to use the photos to create an artistic depiction of use the photos to create an artistic depiction of the Strip and its surroundings. the Strip and its surroundings.

Burton used Photoshop for this depiction, later Burton used Photoshop for this depiction, later called the “1998 Image” in court. called the “1998 Image” in court.

This image is used for posters, postcard and This image is used for posters, postcard and other souvenirs from Las Vegas sold by Tiffany other souvenirs from Las Vegas sold by Tiffany Design, Inc. Design, Inc.

$28,000+ was invested in this image. $28,000+ was invested in this image.

Image DetailsImage Details

The image required hundreds of The image required hundreds of photographs of individual hotels, casinos photographs of individual hotels, casinos and other properties, taken by Dave and other properties, taken by Dave Phillips from a helicopter. Phillips from a helicopter.

Each photograph is layered into the image Each photograph is layered into the image through Photoshop by artist, Robert through Photoshop by artist, Robert Burton. He estimates it took him about Burton. He estimates it took him about 1,000 hours to complete. 1,000 hours to complete.

(Swan, 1999)(Swan, 1999)

The AccusedThe Accused During this time, the defendant Reno-During this time, the defendant Reno-

Tahoe Specialty began working on its own Tahoe Specialty began working on its own image of the Vegas Strip.image of the Vegas Strip.

“ “Defendant claims that its image was Defendant claims that its image was 85% complete before its graphic artist, 85% complete before its graphic artist, Todd Johnson, even saw the Plaintiffs’ Todd Johnson, even saw the Plaintiffs’ depiction” (United States District Court depiction” (United States District Court records, 1999). records, 1999).

Johnson proceeded to scan and insert six Johnson proceeded to scan and insert six building into is own image. building into is own image.

Defendant ClaimsDefendant Claims

That use of the six buildings was not That use of the six buildings was not substantial enough to infringe substantial enough to infringe

copyright and the case continues copyright and the case continues (Swan, 1999). (Swan, 1999).

ConclusionConclusion The court that the incorporation of components of The court that the incorporation of components of

the scanned image could harm the commercial the scanned image could harm the commercial demand for Tiffany’s depictions of the Strip, demand for Tiffany’s depictions of the Strip, causing this factor to weigh against fair use causing this factor to weigh against fair use (Columbia University Libraries/Information (Columbia University Libraries/Information Services, 2011).Services, 2011).

Scanning and manipulating a highly creative work Scanning and manipulating a highly creative work

may be beyond the limits of fair use, especially if may be beyond the limits of fair use, especially if the ultimate purpose is to include elements of the the ultimate purpose is to include elements of the original work in a commercial product that might original work in a commercial product that might compete with the existing market for the original compete with the existing market for the original (Columbia University Libraries/Information (Columbia University Libraries/Information Services, 2011).Services, 2011).

ReferencesReferences Columbia University Libraries/Information Services, (2011). Columbia University Libraries/Information Services, (2011).

Retrieved November 15,2011, from Retrieved November 15,2011, from http://copyright.columbia.edu/copyright/fair-use/case-summaries/http://copyright.columbia.edu/copyright/fair-use/case-summaries/

Smith, Hubble, (Smith, Hubble, (October 15, 2000). Las Vegas Review-Journal. October 15, 2000). Las Vegas Review-Journal. Retrieved November 15, 2011, from Retrieved November 15, 2011, from http://www.reviewjournal.com/lvrj_home/2000/Oct-15-Sun-2000/bhttp://www.reviewjournal.com/lvrj_home/2000/Oct-15-Sun-2000/business/14531869.htmlusiness/14531869.html

Swan, Charles, (October 4, 1999). Scanning Photos Infringes Swan, Charles, (October 4, 1999). Scanning Photos Infringes Copyright, e-bulletin. Retrieved November 15, 2011, from Copyright, e-bulletin. Retrieved November 15, 2011, from http://www.swanturton.com/ebulletins/archive/CTSscanphothttp://www.swanturton.com/ebulletins/archive/CTSscanphoto.aspxo.aspx

United States Court Records. (1999, July). Retrieved November United States Court Records. (1999, July). Retrieved November 15, 2011, from 15, 2011, from http://www.spatial.maine.edu/~onsrud/Cases/HTML_Tiffany_Desihttp://www.spatial.maine.edu/~onsrud/Cases/HTML_Tiffany_Design_Link.htmgn_Link.htm