A New York photographer has accused Fox News of copyright infringement after the network allegedly reproduced a photo he took of freshman congresswoman Alexandria Ocasio-Cortez and used it during a television broadcast.
James Sammataro, co-head of Pryor Cashman's Media + Entertainment Group, spoke to Bloomberg Law about whether the suit will stand up in court.
The copyright statute says defendants are liable for infringement if they take someone else's work, but using a photograph for context during a news broadcast is arguably a fair use, he explained.
"The defendant can prove that the use was fair and therefore not subject to liability," Sammataro said. However, if the photo is viewed as being used for commercial purposes and isn't transformative, or used in a new way, then "it's not going to weigh in defendant's favor," he added.
More About Sammataro's Practice
With two decades of trial experience in high-stakes copyright, trademark, defamation, First Amendment, rights-of-publicity and non-compete matters, Fortune 500 companies, James Sammataro represents leading media entities, professional sports teams and A-list talent in delicate, high-profile disputes.
Learn more about his work here.
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