12.16.2022

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General News

Partner Britt Anderson was quoted in "The Biggest Copyright Rulings of 2022," an article in Law360* regarding a copyright lawsuit over a digital publisher’s use of photos, among other cases.

 

The case is important because it “isolates the transformative factor in fair use analysis, making clear that simply including a photo in an article — along with other third-party photos and text that simply discusses the same topics as shown in the photos — does not provide a fair use defense,” according to Britt.

It’s “a big win for owners of photographic works, particularly independent photographers who often find their published works copied,” said Britt, noting that the appellate court’s opinion “clearly explains that straightforward copying of a photo with only modest cropping and a sprinkling of associated text is not transformative for purposes of fair use analysis.”

Read the full article on Law360*.

 

*Subscription-based publication