4.Horgan v. MacMillan(2d Cir. 1986) (p.464)a.Banlanchine choreographed Nutcracker. Δ made book w/photos from the ballet. b.Held: (the court wrongly held that photos didn=t infringe). Remanded so substantial similarity comparison btwn the ballet and photos could be made.c.. Samuels: agrees w/use of substantial similarity test.5.derivative works which enhance the market:Lewis Galoob v. Nintendo(9th Cir. 1992) (p.467)a.Game Genie video enhancer altered certain features in Nintendo video games.b.Held: Genie was NOT an infringing d/w b/c it does not incorp any part of the 8work.c.Policy: Genie enhances the marketfor Nintendo, (unlikeNat=l Geographiccase) *MORAL RIGHTS:* - NOT an exclusive right BUT...- incorporated in right to make derivative work- Moral rights recongnized in 1988 when we joined Berne Convention.Misrepresentation of original: Gilliam v. ABC(2d Cir. 1976) (p.470)a.Monty Python shows were abridged by ABC to fit in commercials. b.π claims unauthorized abridgement by Δ as violation of '1(b) of 1909 Act(Analogized to '106(2) of 1976 Act)c.Held: Highly probable that there was an infringing d/w, especially b/c editing was substantial, and thus issued a preliminary injunction to bar the show=s broadcast.1. BBC didn=t have the power to authorize ABC=s editing b/c BBC=s contract w/Monty explicitly detailed the altering procedure.2. * ABC's cuts mutilated the original work, thereby violating moral rights under...Lanham Act '43(a):ABC=s editing mutilated original work and violated this act.1)This act serves to prevent misrep that may injure π=s business or personal reputation, where no registered Jis concerned. 2)a representation of a product, although tech true, creates a false impression of the product and thus sufficiently violates the act.Visual Rights Act of 1990 ''101, 106A:Federal moral rights for visual arts '106A:Rts of certain authors to: 1) attribution & 2) integrity.a.Only protects visual art works. Works for hire are exempt. The original work is protected, not the copies. b.Doesn=t apply to graphic magazine art.