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Don't send misappropriation to do copyright's job

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Alaskasland.com, LLC v. Cross, No. S­15270 (Alaska Sept. 25, 2015) A realtor group listed property adjacent to a neighboring subdivision, Susitna Shores, using three photos taken from the subdivision’s marketing materials, including one showing the subdivision’s stylized entrance sign.  The listing also contained a property appraisal stating that (1) based on plat­related information, existing legal access to the property might compromise the neighboring subdivision’s gated community perimeter fencing, and (2) based on statements made to the appraiser by employees of the local electric association, the neighboring subdivision’s electric service might be subject to legal issues. The subdivision’s developer sued for misappropriation of the photos, trade name infringement, and defamation. The superior court granted summary judgment to the realtors, and the state supreme court affirmed. Of Susitna Shores’ 37 lots, 15 had…

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