Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc.
Tenth Circuit
528 F.3d 1258 (2008)
Meshwerks, Inc. (plaintiff) was hired to create initial digital wire-frame models of several Toyota vehicles, first using grid tape and an articulated arm to capture precise vehicle dimensions, then using software to render a 3-D-looking wire-frame within a 2-D computer drawing — labor-intensive, skilled work. Another company, Grace & Wild, then added color, texture, and animation to Meshwerks' wire-frames for use in Toyota's advertisements by Toyota's ad agency, Saatchi & Saatchi. Meshwerks sued Toyota, Grace & Wild, and Saatchi for copyright infringement, arguing they weren't allowed to reuse Meshwerks' work beyond its original purpose. The district court granted summary judgment for the defendants.
Whether a work is a copy, and thus not subject to copyright protection, when the work is intended to exactly duplicate an existing item.