United States District Court, Southern District of New York
January 25, 1991
MINORU MORITA, PLAINTIFF,
OMNI PUBLICATIONS INTERNATIONAL, LTD., KAN PHOTOGRAPHY INCORPORATED AND KAN NAKAI, DEFENDANTS.
The opinion of the court was delivered by: Cedarbaum, District Judge.
WHEREAS, plaintiff commenced this action asserting copyright,
Lanham Act and state law claims against defendants Omni
Publications International, Ltd., ("Omni") and Kan Photography
Incorporated and Kan Nakai ("Kan"); and
WHEREAS, by Opinion and Order dated July 16, 1990,
741 F. Supp. 1107, this Court granted in part and denied in part
defendants' motion for summary judgment and denied plaintiff's
motion for summary judgment; and
WHEREAS, the parties hereto wish to resolve all disputes
between and among themselves without the necessity of further
litigation; it is
ORDERED, ADJUDGED AND DECREED that:
1. Plaintiff is and shall be by this Order the owner of the
copyright in the lithograph, photograph and sculpture
registered under Certificate of Registration No. VA 213-511.
2. Defendant Kan is the joint author and co-owner of the
copyright in the photograph registered under Certificate of
Registration No. VA 213-511 and is not an author of the
sculpture photographed in, and which is underlying, said work.
3. Defendant Kan assigns, transfers and conveys to plaintiff
all right, title and interest including copyrights, in and to
the photograph registered under Certificate of Copyright
Registration No. VA 213-511, which he may possess and all
preceding, succeeding and/or derivative versions thereof, and
does hereby waive all claims which he may have, has had, or may
hereafter have to rights in or revenues from said works.
4. Defendant Omni shall publish a Credit at the conclusion
of the letters section of the magazine titled "Communications"
in the USA/Canada edition of Omni Magazine within six (6)
months of the execution of this Consent Order in the following
The credit for the cover of the May, 1988 issue of
Omni should have read as follows: Cover photograph
part of a series taken for the poster "Give Peace
a Chance" to commemorate the bombing of Hiroshima.
The poster is part of the permanent collection of
the Hiroshima Modern Museum of Art. Art/Design:
Minoru Morita; Glass Sculpture: Milon Townsend;
Photography: Kan Nakai; COPYRIGHT 1985 MINORU
Accompanying the above Credit shall be a 1/2 inch by 1/2 inch
(approximate size) reproduction of the cover photograph.
5. Defendant Kan shall pay the plaintiff the sum of $1.00
and such other consideration as had been provided for by the
parties outside of the scope of this Order.
6. The Opinion and Order of this Court dated July 16, 1990,
Morita v. Omni Publications International, Ltd., 741 F. Supp. 1107
(S.D.N.Y. 1990) be, and hereby is, vacated.
7. Except for the requirements of this Consent Judgment,
each of the parties hereto releases and discharges each of the
other parties, their employees, directors, officers, agents,
heirs, licensees, customers, related corporations, successors
and assigns from any and all claims and liability of any kind
for any prior actions or conduct which were or may have been
asserted in this action either by the instant claim, additional
claims, crossclaims, or counterclaims.
It is so ordered.
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