By: Jason Lee Guthrie
My research project explores the intriguing case of Leigh v. Warner Bros., Inc. (1997). This case is centered around photographer Jack Leigh’s iconic image “Midnight,” which features the “Bird Girl” statue in a Savannah cemetery. Commissioned for John Berendt’s book Midnight in the Garden of Good and Evil, this photograph became the subject of a significant copyright dispute when Warner Bros. produced a film based on the book. The question at issue in the case is whether copyright law can protect something as intangible as a “mood.” This issue is particularly relevant in today’s entertainment industries, where the boundaries of copyright are continually tested by new technologies and creative expressions. 
My interest in this case comes from my primary research agenda on the history of copyright law. I discovered Leigh v. Warner Bros., Inc. (1997) while researching the well-known Williams v. Bridgeport Music, Inc. (2015) case, commonly referred to as the “Blurred Lines” case. In that instance, Pharrell Williams and Robin Thicke were found liable for infringing Marvin Gaye’s “Got to Give it Up.” The outcome of the Williams case was unprecedented in copyright law and had the potential to disrupt established practices within the entertainment industry. Although the subsequent Gray v. Perry (2018) case somewhat mitigated its chilling effect, it has nonetheless introduced further ambiguity and potential litigation concerning the copyrightability of a creative work’s intangible qualities, such as its aesthetic, vibe, or “mood.”
My favorite aspect of this project so far has been the chance to work with University of Georgia doctoral student Lexie Little. The funds from the McKerns grant were primarily to hire her as a research assistant. Anyone acquainted with her work will not be surprised at all to learn that she has been fabulous to collaborate with. Her meticulous attention to detail and insightful analysis have been invaluable. To date, we have completed extensive primary source research, focusing on the legal history of the case and the comprehensive collection of Jack Leigh’s papers housed at the University of Georgia’s Special Collections Libraries. This collection includes 200 linear feet of material, providing a rich source of information on Leigh’s work and the legal battle that ensued. 
Our research also examines how the case was covered in contemporary news media and the entertainment industry trade press. This dual approach helps to contextualize the legal proceedings within the broader cultural and technological shifts of the late 1990s. By analyzing articles, editorials, and industry reports, we gain a multifaceted understanding of the case’s impact and the public discourse it generated.
Some key findings thus far are that Leigh’s lawsuit against Warner Bros. was only partially successful, highlighting the complexities that copyright law encounters when it seeks to address rapid technological change. The case occurred during the early days of the internet, a period marked by significant changes in how creative works were produced, distributed, and consumed. Our research explores how these technological advancements influenced the court’s handling of the case and the evolving legislative logic surrounding copyright. By examining cases that have cited Leigh v. Warner Bros. in the past 25 years, we hope to shed light on its lasting impact on copyright law. This historical perspective is crucial for understanding current debates about the copyrightability of increasingly ephemeral, digital works.
Lexie and I look forward to presenting our findings at a conference and ultimately submitting an article to an academic journal. The case of Leigh v. Warner Bros., Inc. offers a fascinating lens through which to explore the boundaries of copyright law. By examining the legal, cultural, and technological contexts of this case, our research could contributes to a deeper understanding of how copyright can—and cannot—protect the intangible qualities of creative works. This historical perspective is essential for navigating the complexities of copyright in the Digital Age.
Jason Lee Guthrie is an assistant professor of communication and media studies at Clayton State University. Within media history, he studies creative industries and intellectual property law. He received a Joseph McKerns Research Grant in 2023.
