Boisson v. Banian, Ltd.
273 F.3d 262 (2d Cir. 2001)
Boisson was a quilt-maker who
created two quilts that incorporated the alphabet. Banian made three very
similar-looking quilts. Boisson sued for copyright infringement.
Banian admitted that they
had used Boisson's quilts as a basis for their own. However, they argued
that their quilts were dissimilar enough that it wasn't an infringement.
The Trial Court found for
Banian. Boisson appealed.
The Trial Court found that
Banian's quilts were not substantially similar to Boisson's.
The Court found that the
elements that were
The Appellate Court reversed.
The Appellate Court found
that many elements of the quilt design like the alphabet are not
copyrightable. However, elements such as the layout and color
combinations are.
The Court defined substantially
similar to be if "the ordinary
observer, unless she set out to detect the disparities, would be disposed
to overlook them, and regard the aesthetic appeal as the same."
The Court found that the
courts needed to consider the "total concept and feel" of the
two works.
The Court looked at the
various features of the various quilts, and found that in some cases
there was a substantial similarity
between the copyrightable elements of Boisson's quilt and Banian's quilt.
The Court found that some
of Banian's quilts infringed, and others' did not.