The U.S. Supreme Court on Monday declined to consider reviving a copyright case ...
WASHINGTON - The U.S. Supreme Court on Monday declined to consider reviving a copyright case in which Nike Inc was accused of unauthorized use of photographer Jacobus Rentmeester’s famous 1984 photograph of basketball superstar Michael Jordan soaring through the air.
The justices turned away an appeal by Rentmeester, a former Life Magazine photographer, of a lower court’s ruling throwing out his copyright infringement lawsuit against the sportswear company. Rentmeester had said the decision against him by the San Francisco-based 9th U.S. Circuit Court of Appeals could stifle creativity and reward piracy.
Jordan appears in a sort of gravity-defying leap, inspired by the grand-jeté pose in ballet, his left hand holding a basketball aloft. Rentmeester thought to capture Jordan that way after photographing Mikhail Baryshnikov at the American Ballet Theatre a year earlier, according to court papers. Nike’s version shows Jordan in a similar pose against the backdrop of Chicago’s skyline after he joined the NBA’s Chicago Bulls. Nike used the photo on posters and billboards promoting its lucrative Air Jordan brand.
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