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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 by HubbaBubba
North of DFW, TX
Member since Oct 2010
50697 posts
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.
Posted by theballguy
Bama Park
Member since Oct 2011
28137 posts
Posted on 11/14/25 at 9:06 am to
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 by Decatur
Member since Mar 2007
31478 posts
Posted on 11/14/25 at 9:17 am to
Did the judge find the exhibit was educational fair use?
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
42644 posts
Posted on 11/14/25 at 9:20 am to
Posted by Larry_Hotdogs
Texas
Member since Jun 2019
1859 posts
Posted on 11/14/25 at 9:29 am to
quote:

because this guy will sue you into oblivion if you use his images


EVH passed way. Maybe you mean his estate.
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
50697 posts
Posted on 11/14/25 at 9:38 am to
quote:

EVH passed way. Maybe you mean his estate.
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.
Posted by riverdiver
Summerville SC
Member since May 2022
2624 posts
Posted on 11/14/25 at 9:55 am to
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 by nes2010
Member since Jun 2014
7543 posts
Posted on 11/14/25 at 9:58 am to
Sounds applicable to AI.
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
50697 posts
Posted on 11/14/25 at 9:59 am to
quote:

Nearly exact” copy.

Wonder what changed? If it’s not an “exact copy” how could he intend to win a lawsuit?
They cropped the edges. That changes it.

*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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