Photogs Say 9th Circ.'s Nike Ruling Chills Creativity

Law360 (January 4, 2019, 5:12 PM EST) -- Two industry groups have chimed in on a photographer’s bid to revive his claims Nike Inc. is unfairly using his famous 1984 image of Michael Jordan for its “Jumpman” logo, telling the U.S. Supreme Court that the Ninth Circuit’s shutdown of the case strips away photographers’ rights to their art.

A photograph should share the same protections as novels or songs, but a split Ninth Circuit ruling upholding a decision that found Nike was clear to copy the image for its logo undermines those protections, the American Society of Media Photographers and the National Press Photographers Association said in a 25-page...

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