Copying Blogger’s Posts In Disciplinary Proceeding Is Fair Use–Denison v. Larkin

2 12 2014

The plaintiff, JoAnne M. Denison, is an Illinois attorney and operated a blog, Denison blogged about a guardianship case she believed was marred by corruption. The Illinois attorney disciplinary board alleged that she made false statements on her blog that violated the Illinois rules of professional conduct.

Denison struck back with a copyright infringement lawsuit alleging the disciplinary board copied portions of the blog–more than was necessary–as part of its disciplinary proceeding. The court correctly says Denison’s allegations establish a prima facie case of copyright infringement, but this was an easy fair use case–easy enough to be granted on a motion to dismiss:


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