The U.S. Court of Appeals for the Second Circuit on Friday refused to revive a copyright-infringement lawsuit accusing the Metropolitan Museum of Art of using a photo of Eddie Van Halen playing his famed “Frankenstein” guitar without permission.

The ruling, from a three-judge panel of the Manhattan-based appeals court, found that the Met made “fair use” of the image, which it used in an online catalog promoting a 2019 exhibition called “Play It Loud: Instruments of Rock & Roll.”

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