Bill Graham Archives v. Dorling Kindersley, Ltd.
| Bill Graham Archives v. Dorling Kindersley | |
|---|---|
 | |
| Court | United States Court of Appeals for the Second Circuit |
| Full case name | Bill Graham Archives v. Dorling Kindersley, Ltd. |
| Argued | January 4 2006 |
| Decided | May 9 2006 |
| Citation(s) | 448 F.3d 605 |
| Case history | |
| Procedural history | Affirmed holding from 386 F.Supp.2d 324 (S.D.N.Y. 2005) |
| Holding | |
| Use of concert posters in a reference book timeline transformed the purpose of the original works and was protected as a fair use | |
| Court membership | |
| Judge(s) sitting | Circuit Judges Kearse, Raggi, Restani |
Bill Graham Archives v. Dorling Kindersley, Ltd., 448 F.3d 605 (2d Cir. 2006),[1] is a case in the United States Court of Appeals for the Second Circuit regarding the fair use of images in a pictorial history text.[1]
Dorling Kindersley ("DK") is a publisher of popular books, including colorful picture books for children and "coffee table books". In October 2003, DK and Grateful Dead Productions published Grateful Dead: The Illustrated Trip.[1] The book was a 480-page coffee table book that included a wide variety of Grateful Dead-related information and imagery.[1] The book included a timeline "running continuously through the book, chronologically combining over 2000 images representing dates in the Grateful Dead's history with explanatory text."[2]
DK had sought permission from Bill Graham Archives ("BGA") for the use of seven images but after negotiations fell through used the images without permission.[1] The seven images were originally Grateful Dead event posters, and they were reproduced as thumbnails along the timeline, along with captions describing the actual events.[1]
DK declined to pay BGA's licensing demands after publication, and BGA sued.[1] The District Court (SDNY) granted summary judgment to DK on their fair use defense.[1] Bill Graham Archives appealed to the Second Circuit.[1] DK, represented by copyright scholar William Patry, again asserted fair use, and the Second Circuit affirmed: "We agree with the district court that DK's use of the copyrighted images is protected as fair use."[3]
References
- 1 2 3 4 5 6 7 8 9 Bill Graham Archives v. Dorling Kindersley, 448 F.3d 605 (2d Cir. 2006).
- ↑ Bill Graham Archives v. Dorling Kindersley, 448 F.3d 605 (2d Cir. 2006) (PDF p.2).
- ↑ Bill Graham Archives v. Dorling Kindersley, 448 F.3d 605 (2d Cir. 2006) (PDF pp.5-6).
