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Biography Of Photographer Art Rogers '

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In 1980, photographer Art Rogers was commissioned to picture Jim Scanlon’s eight new German Shepherds. Through creative thought and technical works, he photographed Scanlon, his wife, and their dogs into the photograph “Puppies.” He soon licensed the image and sold it to be available as prints and notecards. During Jeff Koons visit in Europe, he bought a “Puppies” notecard and gave it to Italian artisans in the Demetz Studio to produce four copies of it as sculptures called “String of Puppies.” The sculptures were placed in the 1988 “Banality Show” exhibition at the Sonnabend Gallery. Plaintiff photographer Art Rogers claimed that defendant Jeff Koons copyrighted his photograph “Puppies” into the sculpture “String of Puppies.” Koons argued his borrowing of “Puppies” was permissible under the fair use doctrine and for parody. Rogers filed an action on October 11, 1989, seeking summary judgement and permanent injunction for plagiarism and unfair competition under state laws.
Issue
Was defendant Koons “String of Puppies” borrowing of Roger’s “Puppies” permissible under the fair use doctrine and parody or was this a work of unauthorized copyright infringement?
Decision
The Court of Appeals ruled Koon’s “String of Puppies” is copyright infringement and does not meet the fair use doctrine and for parody use since Koon failed to satisfy the ordinary observer test and Section 107 factors. Turnover order was proceeded and granted permanent injunction of “Puppies” to be used in any

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