Collage of Photos by Multiple Photographers is Derivative, rather than Collected, Work
In Jarvis v. K2, Inc, a photographer sued the company that used his photographs in their advertising after their contractual relationship had ended. The Ninth Circuit found that collages consisting of a combination of photographs by Jarvis with other images, were derivative rather than collected works, overturning the district court’s contrary decision. Accordingly, the collected works privilege did not apply. The Court found the alteration of Jarvis’ photos for use in the collages to be determinative, noting the collage ads “shrank, expended, distorted, overlaid, and otherwise edited the original images.”
