Folkens, a successful  wildlife artist, but the courts failed to find protection for his illustration of two dolphins crossing each other underwater, with the appellate court upholding the trial judge's decision that a later adaptation did not infringe as the illustration was of a pose in a natural position and thus incapable of protection under copyright law, with the Ninth Circuit explaining that despite the similar positioning of the dolphins, a pose is not ordinarily copyrightable… [read post]