Photos of pearly whites

January 14, 2019

All that is required to create an original work is a modicum of creativity.  Feist Publications, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 345 (1991).


It turns out that before and after photographs of a dental patient's teeth do not clear that minimal hurdle.  Pohl v. MH Sub I, LLC d/b/a Officite, N.D.Fl. Case No. 4:17cv181-MW/CAS, Dkt. 61 (a copy is available via Mega). 


As the Court stated "[m]eeting the standard for creativity is not like pulling teeth... Low as this bar is, Pohl's before-and-after photos of Belinda's incisors and canines fail to meet it." (Dkt 61 at p.8). 

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