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Case Summary

Rogers v. Koons

Rogers v. Koons, 751 F. Supp. 474 (S.D.N.Y. 1990) (granting summary judgment in part and denying it in part), amended by 777 F. Supp. 1 (S.D.N.Y. 1991), aff’d and remanded, 960 F.2d 301 (2d Cir. 1992), cert. denied, 506 U.S. 934 (1992).
See also: Rogers v. Koons, No. 89 Civ. 6707, 1993 U.S. Dist. LEXIS 3374 (S.D.N.Y. Mar. 18, 1993) (extending jurisdiction to include Wright's claim against defendants), summary judgment denied, 1994 U.S. Dist. LEXIS 2841 (S.D.N.Y. Mar. 10, 1994).

This was the first 

copyright infringement between artists not to be settled out of court (Lerner). Plaintiff Art Rogers, a photographer, licensed his photograph “Puppies” for notecard reproduction in 1984. In 1987 or 1988 Jeff Koons, an artist, based his 1988 sculpture “String of Puppies” on Rogers’ photograph, which Koons had torn from a notecard and sent to a sculpture studio for reproduction in three dimensions. Rogers sued defendants Koons and Sonnabend Gallery, Inc., which represented Koons . . . .

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