January 11, 2014

Curtin v. Star Editorial Inc. (1998)

Overview: In this case, plaintiff, James Curtin is suing Star Magazine for copyright infringement, breach of contract, and unjust enrichment over Star Magazine's use of photographs from Mr. Curtin's book, "Elvis and the Stars."

In the complaint, Curtin acknowledges that only one of his photographs was actually copied (though cropped) and the other photographs were merely similar to those in his book.

The defendant, on the other hand, moves to have the case dismissed in accordance with Rule 12(b)(6) of the Federal Rules of Civil Procedure.

The court's rulings are divided, sometimes in favor of the plaintiff and sometimes in favor of the defendant. The rulings also include some amusing Elvis-related humor!