On Friday, April 2, the United States Court of Appeals for the Second Circuit issued a Summary Order affirming a district court’s finding that the Metropolitan Museum of Art’s use of a photographer’s photo on its website to illustrate a museum exhibit constituted a fair use. The photo was taken by Lawrence Marano in 1982 and depicted Eddie Van Halen playing his iconic “Frankenstein” guitar. The Metropolitan Museum featured the photograph on its website as part of an exhibit of rock n’ roll instruments. Marano initially brought his complaint against the museum in the United States District Court for the Southern District of New York in 2019, and the court dismissed it in 2020 for failure to state a claim, “finding that Marano had ‘failed to show why the Met’s use of [the Photo] is not protected by the fair use exception.’”
Recent Posts
- Call Off Chicken Little: The Sky is Not Falling for Skinny Labeling After GSK v. Teva
- CAFC Committee Recommends Another Year of Sanctions Against Newman
- Massie Tells House IP Subcommittee Witnesses He’s ‘Appalled’ By Proposals to Rein in ITC’s Patent Powers
- CAFC Invalidates Remaining Claim on Data Transmission Patent, Remands Substitute Claims for Collateral Estoppel Determination
- NIH Intramural Licensing Guidelines Hit the Wrong Note at the Wrong Time