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Lee v. A.R.T. Co.

United States Court of Appeals for the Seventh Circuit

125 F.3d 580 (1997)

Relevant factsFree

Annie Lee (plaintiff) sold her artistic works through retailers, some of which reached A.R.T. Company (defendant), which permanently affixed the purchased pieces to tiles before reselling them. Lee sued for copyright infringement, arguing this mounting process created unauthorized derivative works, relying on a Ninth Circuit decision (Mirage Editions) reaching that conclusion on similar facts; the district court disagreed with that precedent and granted A.R.T. summary judgment, and Lee appealed.

IssueFree

Whether the mounting of an artistic work for display is transformative in a way that constitutes the preparation of a derivative work.

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