Monday, June 5, 2023

Did California Court make the right decision in not dismissing this copyright lawsuit?

GM had argued that its use of Falkner’s mural was legal because copyright law allows photographic depictions of architectural works. “This right to photograph an architectural work extends to those portions of the work containing pictorial, graphic, or sculptural elements,” the company argued in a July legal filing. “Because [Falkner’s] mural is painted onto an architectural work, it falls squarely within the ‘pictorial representation’ exemption, and his copyright infringement claim should be dismissed.”

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