United States Second Circuit

Summary judgment for plaintiff in copyright infringement suit is: 1) vacated in part, where the district court applied the incorrect standard to determine whether defendant's artworks make fair use of plaintiff’s copyrighted photographs, and all but five of defendant’s works do make fair use of plaintiff's copyrighted photographs; and 2) remanded in part, with regard to the remaining five defendant artworks, for the district court to consider, in the first instance, whether defendant is entitled to a fair use defense.

Appellate Information

• Decided 04/25/2013
• Published 04/25/2013

Judges

• PARKER

Court

• United States Second Circuit

Counsel