A New York federal judge found the themes in her video non-copyright material while the "angles, poses, and lighting" in David's photos are completely protected.
The judge also heard evidence that the storyboards used for her video actually contained his photographs.
She fired her legal team from New York's Pryor Cashman and replaced them with Paul Kilmer from Holland & Knight.
But it doesn't look like it's going to to go too much further. Talks of a settlement are hot!
[Image via Johnny Louis/WENN.]