The Eleventh Circuit sided with the artist Maurizio Cattelan, determining that there was insufficient proof that he had copied Morford's work 'Banana and Orange'.
The court emphasized that mere online availability of a work does not establish a 'reasonable opportunity to view' necessary to prove copyright infringement.
The application of the 'abstraction-filtration-comparison' test confirmed that essential elements distinguishing Cattelan's 'Comedian' from Morford's earlier piece showed substantial differences.
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