for a price, and never conveyed any rights to reproduce the photographs directly or by implication. Accordingly, a license will not be implied. See, e.g., Design Options, 940 F.Supp. at 92 (no implied license where plaintiff sold sweater to defendant for resale and there was no evidence that there was anything more to the transaction than the purchase of goods for an agreed-upon price).
In summary, the undisputed evidence shows that the photographs are entitled to copyright protection; that plaintiff is the sole owner of the copyrights in these photographs; and defendants copied the photographs verbatim without the authority of the copyright owner. Accordingly, defendants are liable for infringing plaintiff’s copyrights.
CONCLUSION
Defendants’ motion for summary judgment is denied in its entirety. Partial summary judgment is hereby granted to plaintiff on the issue of copyright liability. A pretrial conference will be held on October 18, 2000 at 5:00 p.m.
SO ORDERED.
Rochelle SAKS, Plaintiff,
v.
FRANKLIN COVEY CO. and Franklin Covey Co. Client Sales, Inc., Defendants.
No. 99CIV.9588 (CM)(LMS).
United States District Court,
S.D. New York.
Oct. 2, 2000.
