The article’s additions to Plaintiff’s photos express ideas (figuratively) and display images (literally) beyond what Plaintiff expressed in his photographs. and the added writing gives context to the photos beyond what is already apparent.” The court acknowledges the use was commercial but says the transformative nature of defendant’s use tips the first factor in favor of fair use.įactor two: The second factor is not “terribly significant,” and the court says it weighs slightly against fair use.įactor three: Although the entirety of the photos were used, the court says the context still tips the third factor towards fair use: The article “includes commentary and other pictures. Only ten of forty-four pages of the article discuss McGucken’s photos.

In a surprise move, it grants summary judgment to defendant even though Pub Ocean did not formally request summary judgment.įactor one: The court says defendant’s use is transformative. McGucken moved for summary judgment on the fair use defense. Pub Ocean did not seek permission from McGucken, but the article did credit him by linking to his Instagram page. The article contained several of plaintiff’s photographs. Pub Ocean then published an article titled “A Massive Lake has Just Materialized in the Middle of One of the Hottest Places on Earth”. It hired a freelance writer to write about the phenomenon documented by McGucken. Pub Ocean owns several websites, such as “magellantimes” and “maternityweek”. He photographed a lake that materialized at Death Valley. Pub Ocean: McGucken is an accomplished photographer. These three cases address fair use in this context. There is no shortage of articles being generated online, and often those content producers simply canvass the web to find a suitable photo. One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles.

Independent journal review jobs