By Sudhin Thanawala
SAN FRANCISCO (AP) --An iconic Nike logo of a leaping Michael Jordan that the company has used to market billions of dollars of merchandise didn't violate the copyright of an earlier photograph of the basketball star, a federal appeals court ruled Tuesday.
The logo was based on a photograph taken by someone Nike hired. That photo was "obviously inspired" by a 1984 photo by Jacobus Rentmeester, the 9th U.S. Circuit Court of Appeals said. But the court in a 2-1 decision said the photos are unmistakably different in key elements.
Both show Jordan leaping with his legs extended outward toward a basketball hoop with a ball above his head.
Nike used its photo for the "Jumpman" logo — a silhouetted image of Jordan in the leaping pose in its photograph.
Rentmeester photographed Jordan while he played at the University of North Carolina. His photograph appeared in Life Magazine in a photo essay featuring U.S. athletes competing in the 1984 Summer Olympics.
An email to a law firm representing Rentmeester wasn't immediately returned.
While the poses in Nike and Rentmeester's photos are similar — Jordan in a leaping motion inspired by a ballet move — Rentmeester's copyright does not give him a monopoly on that concept, Judge Paul Watford, writing for the majority, said.
Among the significant differences in the two photos are the position of Jordan's legs, the background and lighting, Watford said.
"Just as Rentmeester made a series of creative choices in the selection and arrangement of the elements in his photograph, so too Nike's photographer made his own distinct choices in that regard," Watford wrote.
The ruling affirmed a lower court decision dismissing Rentmeester's 2015 lawsuit against Nike.
Jean Smart, Ariana Grande, Michael Keaton among hosts for “SNL” season 50
Fresh off her Emmys win, Jean Smart will kick off the landmark 50th season of "Saturday Night Live."
NBC on Thursday announced the lineup of hosts for the season, which premieres Sept. 28. Joining Smart on the first show will be Jelly Roll as the musical act. He was also at the Emmys, singing during the ceremony's in memoriam segment.
It will be Smart's first time hosting "SNL."
Comedian Nate Bargatze will host on Oct. 5, with Coldplay as the musical guest.
Ariana Grande will host Oct. 12, with musical guest Stevie Nicks.
"Beetlejuice" star Michael Keaton will host on Oct. 19, the last show before Halloween, and Billie Eilish will be that night's musical guest.
The host on Nov. 2 will be "SNL" alum John Mulaney, with breakout sensation Chappell Roan as the music guest.
Read More