Categories: Copyright, Internet
Tags: Copyright Infringement, Internet, Photograph, Fair Use, Phillip Barengolts
by Phillip Barengolts, Trademark Attorney
In 1985, Glen E. Friedman took a photograph of Run DMC, a then famous and now iconic rap group, standing shoulder-to-shoulder and wearing black Stetson hats (the “Friedman Photograph”). The photograph itself became relatively famous. Friedman published the photograph in a not-so-family-friendly titled book F**k You Heroes, and in 2003 obtained a copyright registration for the photograph. Thierry Guetta, an appropriation artist[1] known as Mr. Brainwash,[2] found the Photograph on the Internet and, by his own admission, used a digital image of the Friedman Photograph in the creation of his own works. Friedman sued Guetta.[3]
On cross-motions for summary judgment, the Court for the Central District of California found that Guetta’s works infringed the Friedman Photograph. Friedman v. Guetta, 2:10-cv-00014 (C.D. Cal. May 27, 2011).[4] The Court denied Guetta’s motion, which was based upon an argument that the works were not substantially similar in their original aspects and the fair use defense. (more…)
