The federal district court in Chicago incorrectly required the painter of a portrait of the leader of the Nation of Islam to prove unauthorized copying, instead of merely copying, for purposes of its copyright infringement claim against the publisher of a newspaper for selling unauthorized copies of his work “Minister Farrakhan Painting,” the U.S. Court of Appeals in Chicago decided Wednesday. Further, the defendant newspaper, Final Call, proved no defense to the painter’s prima facie claim. Thus, the judgment of the district court was reversed and the case remanded for the assessment of damages (Ali v. Final Call, Inc., August 10, 2016, Wood, D.).

A full summary of this case has been published on Kluwer IP Law.


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