The de minimis copying test in a copyright infringement action relates only to the degree of copying, not to the extent of the infringement by minimum use of a copyrighted work.  So, here, defendant could  not raise a de minimis defence since it had completely copied plaintiff’s copyrighted photograph of the Indianapolis skyline.  Its copying was total, not de minimis.  Furthermore, by making the photo available on its website, the defendant publicly displayed the photo in violation of the plaintiff’s copyright rights, even though a user of the website was accessible only to members of the public who either possessed the specific pinpoint address or who performed a particular type of online search.  Summary judgment for the defendant was reversed, but two judges noted that the plaintiff should not proceed with the suit anyway because of doubts about his damages, if any, and his ownership of the copyright.