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Photographer Loses Lawsuit After Museum’s Use of His Image Is Ruled Fair Use
Posted on 11/14/25 at 9:03 am
Posted on 11/14/25 at 9:03 am
This is a civil case, not political per se, but the fact that a judge could so cavalierly strip someone of their rights to their own art is indicative of the liberal leanings of the U.S. District Court for the Northern District of Ohio.
The judge ruled in favor of OHIO business, The Rock and Roll Hall of Fame. They used a photographer's iconic photograph without permission, licensing or royalties to highlight Eddie Van Halen's guitar collection. Not sure which one it is, because this guy will sue you into oblivion if you use his images, but he's entitled to. He owns the images.
But the R&RHOF argued that the way they used it "materially transformed it's purpose and therefore was of Fair Use."
However, wouldn't / shouldn't the charging of admission fees to the R&RHOF negate any 'Fair Use'?
Now consider how that ruling affects copyright law and apply it to patent law. If you take some company's patented product, like say, a specific laser it developed for reading cryptographs in space, and then some other company comes along and uses your laser design to develop a medical diagnostic device that solves the cancer riddle, you would not receive one penny for your design because the use was "materially transformative and for the good of the public".
The photographer's website: ZLOZ.COM
PetaPixel article about the lawsuit.
The judge ruled in favor of OHIO business, The Rock and Roll Hall of Fame. They used a photographer's iconic photograph without permission, licensing or royalties to highlight Eddie Van Halen's guitar collection. Not sure which one it is, because this guy will sue you into oblivion if you use his images, but he's entitled to. He owns the images.
But the R&RHOF argued that the way they used it "materially transformed it's purpose and therefore was of Fair Use."
However, wouldn't / shouldn't the charging of admission fees to the R&RHOF negate any 'Fair Use'?
Now consider how that ruling affects copyright law and apply it to patent law. If you take some company's patented product, like say, a specific laser it developed for reading cryptographs in space, and then some other company comes along and uses your laser design to develop a medical diagnostic device that solves the cancer riddle, you would not receive one penny for your design because the use was "materially transformative and for the good of the public".
The photographer's website: ZLOZ.COM
PetaPixel article about the lawsuit.
Posted on 11/14/25 at 9:06 am to HubbaBubba
A judge can decide fair use and there's not a damn thing you can do about it. Except appeal. That's it. Bad news but that's the truth.
Posted on 11/14/25 at 9:17 am to HubbaBubba
Did the judge find the exhibit was educational fair use?
Posted on 11/14/25 at 9:29 am to HubbaBubba
quote:
because this guy will sue you into oblivion if you use his images
EVH passed way. Maybe you mean his estate.
Posted on 11/14/25 at 9:38 am to Larry_Hotdogs
quote:No to both. EVH did not take the photographs. Photographers retain rights to their works and license how how their works will be used based on factors such as size and for how long. The courts here basically stole this guy's copyrighted work to give to a commercial entity on the basis of public fair use. That's a load of bullshite.
EVH passed way. Maybe you mean his estate.
Posted on 11/14/25 at 9:55 am to HubbaBubba
quote:
A veteran music photographer has lost his lawsuit with the Rock and Roll Hall of Fame over the museum’s “nearly exact” copy of his image of the band Van Halen.
“Nearly exact” copy.
Wonder what changed? If it’s not an “exact copy” how could he intend to win a lawsuit?
Posted on 11/14/25 at 9:58 am to HubbaBubba
Sounds applicable to AI.
Posted on 11/14/25 at 9:59 am to riverdiver
quote:They cropped the edges. That changes it.
Nearly exact” copy.
Wonder what changed? If it’s not an “exact copy” how could he intend to win a lawsuit?
*btw - most licenses from photographers spell out exactly the size and pixels you can use in your application.
This post was edited on 11/14/25 at 10:02 am
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