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Playboy: Dismiss copyright claim
Published 12:00 am PDT Saturday, March 22, 2008
Story appeared in BUSINESS section, Page D2
The publishers of Playboy magazine have asked a federal judge to dismiss copyright infringement claims by Diamond Springs photography studio owner Carla Calkins over a portrait of a Playboy Playmate and former Placerville resident.
Attorneys for Playboy filed a motion for summary judgment in U.S. District Court in Sacramento, and a hearing is set for April 16 before visiting District Judge Ralph R. Beistline.
A trial date, set for June in Sacramento federal court, would be canceled if the motion is granted.
Calkins of Mother Lode Photography sued Playboy in November 2006 in federal court alleging the Chicago-based magazine violated copyright law in 2003 by publishing a portrait of Colleen Shannon taken by the studio in 1996.
The photograph appeared in the magazine's 50th anniversary issue. Playboy has argued it is protected by "fair use" statutes that allow material to be used without permission for purposes of illustration or comment.
Calkins seeks damages, legal fees and any profit related to the infringement, including post-release sales of Playboy's December 2003 issue. The suit also asks that Playboy destroy all copies of the issue in its control. The case is 2:06-CV-02435(RRB)(DAD).
– Darrell Smith
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