(Credit: Olivier Le Moal/Adobe Stock) In One of 1st Post-'Warhol' Appeals, 4th Circuit Says Nugent Pic on News Site Not Fair Use
"Fair use is a notoriously difficult and fact-specific analysis, and the Supreme Court's decision in Warhol did little to un-complicate it," said copyright attorney Cindy Gierhart.
February 21, 2024 at 05:29 PM
6 minute read
What You Need to Know
- Fourth Circuit ruling is one of the first appellate rulings interpreting SCOTUS' Warhol decision.
- Panel ruled photo of Ted Nugent in news article was not fair use.
- Like the magazine's use of Orange Prince in Warhol, IJR's use of the Photo was not transformative,
The U.S. Court of Appeals for the Fourth Circuit has ruled that a copyright infringement claim against a news site for using a photo of musician Ted Nugent without credit could proceed, one of the first federal appellate decisions interpreting the U.S. Supreme Court's new "fair use" test.
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