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.
“Scandal” cast will reunite for online script reading for hurricane relief in western North Carolina
The cast of ABC's hit political drama "Scandal" may need to brush up on their snappy, speedy delivery known as "Scandal-pace," because they're reuniting for a good cause. Its stars including Kerry Washington, Tony Goldwyn and Bellamy Young will take part in a live virtual script reading on Nov. 17 to raise money for hurricane relief in western North Carolina.
Beginning Friday, fans can go online and donate to reserve a spot for the online reading. Proceeds will benefit United Way of North Carolina. Everyone who donates will be able to take part in a virtual pre-event with the cast and Shonda Rhimes will give an introduction.
Additional guest stars will also be announced. The online fundraising platform Prizeo is also holding a contest where one person who donates online via their site will be selected to read a role from the script with the actors. The winner should not worry about the "Scandal"-pace, assured Young over Zoom.
"Whomever the lucky reader is can read at whatever pace they want," she said.
Young, who played Mellie Young, the first lady and later Republican presidential nominee on "Scandal," was born and raised in Asheville, North Carolina. She came up with the idea for the effort with a friend and took it to her fellow "Scandal" actors, who all jumped on board. Young said this is the first script reading the cast has all done together since the show ended after seven seasons in 2018.
Which episode they will be reading has not been announced yet.
Young said it's "been devastating" to see so many parts of her hometown badly damaged by Hurricane Helene, which ravaged western North Carolina one month ago.
To research the best use for donations, Young spoke with numerous political leaders, including North... Read More