On June 11, 2018, a federal court in Virginia issued what some copyright experts are calling a troubling decision in a case involving a photo that was posted online without the copyright owner's consent.

Specifically, the court ruled that the organizers of the Northern Virginia International Film and Music Festival did not infringe photographer Russell Brammer’s copyright when they posted an edited image of a time-lapse photo he took on a website which provided information for Festival attendees. In finding in favor of the organizers, the court stated that the website posting was protected under the fair use doctrine.

Although posting photos online without permission is widely considered to be copyright infringement, copying creative works for certain purposes - such as criticism, commentary and education - is often deemed fair use.

Speaking to Bloomberg Law, Tom Ferber, Co-Chair of Pryor Cashman’s Copyright practice, explained, “I believe [the photo] was used because it's an eye-catcher, and it's an eye-catcher because of the artistry of the photo. It's much more than informational.”

For a full analysis of this case and its implications, please click here.

Reproduced with permission. Published June 12, 2018. Copyright 2018 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

More About Ferber’s Practice

Recognized as one of the country’s preeminent intellectual property litigators, Tom Ferber focuses his practice on copyright, trademark, right of publicity and privacy actions on both the state and federal level. His work has shaped the nature of copyright and trademark law in unprecedented ways, including expanding the fair use defense, an area on which he frequently lectures.

Learn more about his work here.