United States Second Circuit

Summary judgment in favor of defendants, on their fair use defense to copyright infringement action, is affirmed over claims that: 1) as the publication is biographical in nature, the district court erred by failing to examine defendants' justification for its use of copyrighted images in it; and 2) merely placing the images along a timeline in the publication is not a transformative use.

Appellate Information

• Argued 01/04/2006
• Decided 05/09/2006
• Published 05/10/2006

Judges

• RESTANI, Judge., Before:  KEARSE and RAGGI, Circuit Judges, and RESTANI, Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• William F. Patry (Paul M. Fakler, on the brief), Thelen Reid & Priest LLP, for Plaintiff-Appellant.


• For Appellees:
  
• Richard Dannay (Thomas Kjellberg, on the brief), Cowan, Liebowitz & Latman, P.C., for Defendants-Appellees.