Katz v. Chevaldina, No. 14-14525 (11th Cir. 2015)Annotate this Case
Plaintiff filed suit against defendant, alleging copyright infringement claims under 17 U.S.C. 501. Plaintiff holds the copyright to a candid photograph of himself which he considers unflattering and embarrassing. Defendant copied the photo into several scathing blog posts she wrote about plaintiff and his business practices. On appeal, plaintiff challenged the district court's grant of summary judgment to defendant, arguing that the district court erred in finding defendant was entitled to summary judgment based on her affirmative defense that her use of the photo constituted fair use under 17 U.S.C. 107. The court concluded that the three factors in the court's fair use inquiry - the purpose and character of the work, the nature of the work, and the effect of the use on the potential market - weigh in favor of defendant; the amount and substantiality of the work is neutral; and after weighing all four factors, the court's analysis tilts strongly in favor of fair use. Therefore, the district court did not err in granting summary judgment to defendant because every reasonable factfinder would conclude the inclusion of the photo in her blog posts constituted fair use.