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Federal Appeals Court Reverses Decision in Dental Photograph Copyright Case

The United States Court of Appeals for the Eleventh Circuit, in Pohl v. MH Sub I, LLC, has reversed the judgment of the federal district court in Florida that had held dental photographs were not copyrightable (see NYSDA blog post from February 20, 2019).  The Eleventh Circuit federal appeals court ruled that there were disputed factual issues about the originality of the particular dental photographs that precluded summary judgment and warranted further proceedings to determine if the photographs were subject to copyright protection.  To read the full appellate court opinion in Pohl v. MH Sub I, LLC, use the link below.