A local TV news anchor, whose on-air name is Catherine Bosley, was a wet T-shirt contest participant in Florida in 2003. She claimed back the photos of her, resigned from her TV job, then registered the photos for copyrights in 2004. In a prior case, an injunction against use of the photos was stayed on appeal, as a prior restraint Bosley v. WildWetT.com, 2004 WL 2169179, 70 USPQ2d 1537 (6th Cir., No. 04-3428, 2004), noting that the speech at issue lacked a creative component. Now, Hustler has published some photos of her, and she has sued. Balsley et al. v. LFP Inc. et al., No. 08-0491, (N.D. Ohio, Feb. 27, 2008).
Would these photos rise to the level of “originality” necessary to be registrable for copyrights?