Monge v. Maya Magazines, Inc., 688 F.3d 1164 (9th
Circuit August 14, 2012). Latin
celebrities get married in secret at Little White House Wedding Chapel in Los
Vegas, Nevada. They manage to keep the
wedding secret for three years.
Disgruntled driver/bodyguard takes disk with 400 personal photos
including wedding photos to celebrity magazine Maya. Maya pays driver/bodyguard $1,500. Maya publishes photos without celebrity
permission. Celebrities register
copyrights in photographs. District
court grants summary judgment in favor of Maya based on fair use defense as
news reporting. On appeal, Ninth Circuit
reverses in spirited decision analyzing the four fair use factors. Spirited dissent. The case is an interesting exploration of the
line between permissible use of copyrighted images in news reporting and the
rights of copyright holders. Given the
clear newsworthiness of the photographs and the fact that the celebs had misled
the public about their marital status, this decision should be troubling to
news organizations.
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