Another Blogger Wins a Fair Use Defense For a Photo–Leveyfilm v. Fox Sports

7 12 2014

Danielle Wysocki blogged at “The Jersey Catcher,” a sports blog for women. On December 6, 2010, she blogged about a lawsuit over the 1985 novelty rap song “The Super Bowl Shuffle,” sung by members of the Chicago Bears football team.

As is common for bloggers, alongside the post Wysocki included the cover image of the DVD at issue. The DVD cover (as well as the album cover) includes a group photo of the “rapping” Chicago Bears players (to me, it looks like many of them are doing “jazz hands”). The plaintiff claims a copyright in the photo and that Wysocki’s display of the DVD cover on her blog infringed the copyright. . . .

Fortunately, the court rules that Wysocki made a fair use. The court jumbles up the fair use analysis but makes the following points:

Case citation: Leveyfilm, Inc. v. Fox Sports Interactive Media, LLC, 2014 WL 3368893 (N.D. Ill. July 8, 2014)


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