Show me your teeth: dentist's before-and-after closeups aren't copyrightable for want of originality

Pohl v. MH Sub I, LLC, No. 4:17cv181-MW/CAS (N.D. Fla. Jun. 20, 2018) H/T Daniel Kegan. Dr. Pohl took before-and-after photographs of his cosmetic dental work for his Florida cosmetic dentistry practice’s website. He took such photos of “Belinda” in 2004. “The photos consist of two direct shots of the patient’s teeth—one before the dental work and the other after the dental work. The patient is revealing her teeth and, in both shots, the photo consists of her teeth, her lips, and a small area around the mouth.”  the photos at issueHe sued defendants for designing/developing seven websites on which the images appeared without his permission.  Although the deposit copy of the site he used for his copyright registration wasn’t in the record, the jury could find that it contained the images at issue.The court then found that the before-and-after photos weren’t copyrightable because no reasonable jury could find…

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