in 1995 george pusenkoff was sued by the photographer helmut newton because he saw in a work of art by pusenkoff "power of blue" a (unauthorized) derivative work of one of his photographs entitled "miss livingstone i, beverly hills, 1981". newton argued that pusenkoff's artwork resembled his work in its critical components so much that it was plagiarism. the copyright law of germany clearly regulates in §24 that an "independent" work created in "fair use (in german "freie benutzung") of another's work" may be exploited without the author's permission. pusenkoff referred to this norm. the court now had to decide whether the picture "power of blue" was to be regarded as an adaptation or a "fair use". the black and white photography of helmut newton shows a female nude from the front, sitting on a folding chair. the background is white, right and left the surroundings can be seen in outlines. the woman sits with her legs widely spread on the chair, one leg bent so that her genitals are clearly visible, and radiates self-confidence. the woman's face is recognizable and at the edge of the photo a stylized, yet recognizable, environment is visible. george pusenkoff's work, on the other hand, is colored – in the typical deep blue tone quoted from yves klein. the nude itself is recognizable only as a silhouette. a yellow square covers the woman's shame and reaches up to her knee. the yellow square is to be understood as a reminiscence of kasimir malevich.