Sorry for Partying, But It’s Fair Use

October 22, 2013

The New York State Bar Association EASL Blog

Barry Werbin and Laura Tam posted a blog on the New York State Bar Association EASL Blog regarding a recent decision by the district court for the Western District of Wisconsin which tests the boundaries of the "transformative use" doctrine in the ongoing fair use debate concerning works of visual art. In Kienitz v. Sconnie Nation LLC, 2013 WL 4197454 (W.D. Wis. Aug. 15, 2013), the court held that an apparel company's use of a respected photojournalist's photograph of Paul Soglin, the mayor of Madison, Wisconsin, in modified form, did not constitute copyright infringement.