Questão jurídica principal
Whether prior settlement talks or the defendant's statements amounted to an acknowledgment of copyright protection or justified supplementation of the facts.
Decisão extraída
No. The correspondence did not establish a binding acknowledgment of the photo's protected status, and the factual record could not be supplemented on appeal on the basis asserted.
Fundamentação extraída
There was no finding that both parties understood the letters as an acknowledgment of copyright. Alleged omissions were not an obvious inadvertence, and new factual assertions were inadmissible or outside the scope of federal appeal review.