to deliver unsavoury messages to those cowards ‘living in poverty and disease epidemic’ in the South. South Korean military installations in my sights splash painted signage: “Come and see for yourself!” A temptation for curious North Korean eyes.

A minefield spanning east to west, you’d never have an inkling as dense green bushland concealed the evidence. The land was dissected only by mud paths lined with razor wire. South Korean soldiers gazed back from tall outposts, partially hidden not unlike mushrooms emerging from the shrubs below.









Like ants marching the hilltops, industrial buildings and even moving cars and were visible in the distance, representative of an economy 60 years North Korea’s senior. Only four kilometres away their position was only accessible to me as a 5,000 kilometre detour through Beijing,to the feet, in the fifth position. The dancer is wearing torn "leg-warmers", socks or stockings, and ballet shoes. Plaintiff's photograph was created on March 1, 1979 and plaintiff obtained a copyright registration for it on January 21, 1981.
Plaintiff's photograph has been reproduced in many forms, including a very successful and widely sold art gallery poster, also entitled "Leg Warmers". At the time plaintiff commenced this lawsuit, he was negotiating for his photograph to be used on a greeting card.
Plaintiff alleges that the defendants have used a photograph on their greeting card entitled "Toe Shoes", which violates his copyrighted work "Leg Warmers." The alleged infringing photograph was taken by Elyse Lewin. Ms. Lewin's photograph also portrays a ballet dancer in the "fifth position." This photograph depicts a ballet