1. The 1998 Vegas Strip Image Copyright Brief: Tiffany Design, Inc v. Reno-Tahoe Specialty, Inc Kim Posey LIBM 6320

2. Tiffany Design, Inc v. Reno-Tahoe Specialty, Inc Plaintiffs Tiffany Design Owned by Grant Gresser Defendant Reno-Tahoe Specialty

3. Summary: Purpose: The use of the images and the developments of the composite picture were to create a commercial product, weighing against fair use. Purpose: The use of the images and the developments of the composite picture were to create a commercial product, weighing against fair use. Nature: The image copied was a computer-enhanced photograph, with numerous original elements of lighting, perspective, shading, and subject orientation. The creative nature of the original work tipped this factor against fair use. Nature: The image copied was a computer-enhanced photograph, with numerous original elements of lighting, perspective, shading, and subject orientation. The creative nature of the original work tipped this factor against fair use. Amount: The entire image was scanned, although only portions were used. Amount: The entire image was scanned, although only portions were used. Effect: The court found that incorporation of components of the scanned image could harm the commercial demand for Tiffany’s depictions of the Las Vegas Strip, causing this factor to weigh against fair use. Effect: The court found that incorporation of components of the scanned image could harm the commercial demand for Tiffany’s depictions of the Las Vegas Strip, causing this factor to weigh against fair use. (Columbia University Libraries/Information Services, 2011)

4. Facts: Between 1994 and 1998, Grant Gresser hired photographer, David Phillips, to take aerial photographs of the Las Vegas Strip. Between 1994 and 1998, Grant Gresser hired photographer, David Phillips, to take aerial photographs of the Las Vegas Strip. He later hired graphic artist Robert Burton to use the photos to create an artistic depiction of the Strip and its surroundings. He later hired graphic artist Robert Burton to use the photos to create an artistic depiction of the Strip and its surroundings. Burton used Photoshop for this depiction, later called the “1998 Image” in court. Burton used Photoshop for this depiction, later called the “1998 Image” in court. This image is used for posters, postcard and other souvenirs from Las Vegas sold by Tiffany Design, Inc. This image is used for posters, postcard and other souvenirs from Las Vegas sold by Tiffany Design, Inc. $28,000+ was invested in this image. $28,000+ was invested in this image.

5. Image Details The image required hundreds of photographs of individual hotels, casinos and other properties, taken by Dave Phillips from a helicopter. The image required hundreds of photographs of individual hotels, casinos and other properties, taken by Dave Phillips from a helicopter. Each photograph is layered into the image through Photoshop by artist, Robert Burton. He estimates it took him about 1,000 hours to complete. Each photograph is layered into the image through Photoshop by artist, Robert Burton. He estimates it took him about 1,000 hours to complete. (Swan, 1999)

6. The Accused During this time, the defendant Reno-Tahoe Specialty began working on its own image of the Vegas Strip. During this time, the defendant Reno-Tahoe Specialty began working on its own image of the Vegas Strip. “Defendant claims that its image was 85% complete before its graphic artist, Todd Johnson, even saw the Plaintiffs’ depiction” (United States District Court records, 1999). “Defendant claims that its image was 85% complete before its graphic artist, Todd Johnson, even saw the Plaintiffs’ depiction” (United States District Court records, 1999). Johnson proceeded to scan and insert six building into is own image. Johnson proceeded to scan and insert six building into is own image.

7. Defendant Claims That use of the six buildings was not substantial enough to infringe copyright and the case continues (Swan, 1999).

8. Conclusion The court that the incorporation of components of the scanned image could harm the commercial demand for Tiffany’s depictions of the Strip, causing this factor to weigh against fair use (Columbia University Libraries/Information Services, 2011). The court that the incorporation of components of the scanned image could harm the commercial demand for Tiffany’s depictions of the Strip, causing this factor to weigh against fair use (Columbia University Libraries/Information Services, 2011). Scanning and manipulating a highly creative work may be beyond the limits of fair use, especially if the ultimate purpose is to include elements of the original work in a commercial product that might compete with the existing market for the original (Columbia University Libraries/Information Services, 2011). Scanning and manipulating a highly creative work may be beyond the limits of fair use, especially if the ultimate purpose is to include elements of the original work in a commercial product that might compete with the existing market for the original (Columbia University Libraries/Information Services, 2011).

9. References Columbia University Libraries/Information Services, (2011). Retrieved November 15,2011, from http://copyright.columbia.edu/copyright/fair- use/case-summaries/ Columbia University Libraries/Information Services, (2011). Retrieved November 15,2011, from http://copyright.columbia.edu/copyright/fair- use/case-summaries/http://copyright.columbia.edu/copyright/fair- use/case-summaries/http://copyright.columbia.edu/copyright/fair- use/case-summaries/ Smith, Hubble, (October 15, 2000). Las Vegas Review-Journal. Retrieved November 15, 2011, from http://www.reviewjournal.com/lvrj_home/2000/Oct-15-Sun- 2000/business/14531869.html Smith, Hubble, (October 15, 2000). Las Vegas Review-Journal. Retrieved November 15, 2011, from http://www.reviewjournal.com/lvrj_home/2000/Oct-15-Sun- 2000/business/14531869.html http://www.reviewjournal.com/lvrj_home/2000/Oct-15-Sun- 2000/business/14531869.html http://www.reviewjournal.com/lvrj_home/2000/Oct-15-Sun- 2000/business/14531869.html Swan, Charles, (October 4, 1999). Scanning Photos Infringes Copyright, e- bulletin. Retrieved November 15, 2011, from http://www.swanturton.com/ebulletins/archive/CTSscanphoto.aspx Swan, Charles, (October 4, 1999). Scanning Photos Infringes Copyright, e- bulletin. Retrieved November 15, 2011, from http://www.swanturton.com/ebulletins/archive/CTSscanphoto.aspx http://www.swanturton.com/ebulletins/archive/CTSscanphoto.aspx United States Court Records. (1999, July). Retrieved November 15, 2011, from http://www.spatial.maine.edu/~onsrud/Cases/HTML_Tiffany_Design_Link.ht m United States Court Records. (1999, July). Retrieved November 15, 2011, from http://www.spatial.maine.edu/~onsrud/Cases/HTML_Tiffany_Design_Link.ht m http://www.spatial.maine.edu/~onsrud/Cases/HTML_Tiffany_Design_Link.ht m http://www.spatial.maine.edu/~onsrud/Cases/HTML_Tiffany_Design_Link.ht m