No. 18-728

Jacobus Rentmeester v. Nike, Inc.

Lower Court: Ninth Circuit
Docketed: 2018-12-07
Status: Denied
Type: Paid
Amici (3)Relisted (2) Experienced Counsel
Tags: 9th-circuit circuit-split copyright copyright-law copyright-protection creative-expression intellectual-property judicial-interpretation original-creative-judgments original-judgments photographic-originality photography selection-and-arrangement
Key Terms:
Copyright Patent JusticiabilityDoctri
Latest Conference: 2019-03-22 (distributed 2 times)
Question Presented (AI Summary)

Is copyright protection for a photograph limited solely to the photographer's 'selection and arrangement' of unprotected elements, as the Ninth Circuit held below, or does it also cover elements of the photograph that express original, creative judgments by the photographer, as the First, Second, and Eleventh Circuits have held?

Question Presented (OCR Extract)

QUESTION PRESENTED Is copyright protection for a photograph limited solely to the photographer’s “selection and arrangement” of unprotected elements, as the Ninth Circuit held below, or does it also cover elements of the photograph that express original, creative judgments by the photographer, as the First, Second, and Eleventh Circuits have held?

Docket Entries

2019-03-25
Petition DENIED.
2019-03-18
DISTRIBUTED for Conference of 3/22/2019.
2019-02-20
DISTRIBUTED for Conference of 3/15/2019.
2019-02-20
Reply of petitioner Jacobus Rentmeester filed. (Distributed)
2019-02-06
Brief of respondent Nike, Inc. in opposition filed.
2019-01-07
Brief amicus curiae of Professor Terry S. Kogan filed.
2019-01-07
Brief amicus curiae of Digital Justice Foundation filed.
2019-01-02
Brief amici curiae of The American Society of Media Photographers, Inc., et al. filed.
2018-12-12
Motion to extend the time to file a response is granted and the time is extended to and including February 6, 2019.
2018-12-11
Motion to extend the time to file a response from January 7, 2019 to February 6, 2019, submitted to The Clerk.
2018-12-03
Petition for a writ of certiorari filed. (Response due January 7, 2019)
2018-10-03
Application (18A328) granted by The Chief Justice extending the time to file until December 3, 2018.
2018-09-25
Application (18A328) to extend the time to file a petition for a writ of certiorari from October 4, 2018 to December 3, 2018, submitted to The Chief Justice.

Attorneys

Digital Justice Foundation
Joseph Carl CecereCecere, PC, Amicus
Joseph Carl CecereCecere, PC, Amicus
Jacobus Rentmeester
Deepak GuptaGupta Wessler PLLC, Petitioner
Deepak GuptaGupta Wessler PLLC, Petitioner
Nike, Inc.
Dale M. CendaliKirkland & Ellis LLP, Respondent
Dale M. CendaliKirkland & Ellis LLP, Respondent
Professor Terry S. Kogan
Aaron M. PannerKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Amicus
Aaron M. PannerKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Amicus
The American Society of Media Photographers, Inc. and The National Press Photographers Association
Mickey H. Osterreicher — Amicus
Mickey H. Osterreicher — Amicus