2nd Circ. Backs The Met's Win In IP Suit Over Van Halen Pic

Law360 (April 2, 2021, 8:18 PM EDT) -- The Second Circuit on Friday refused to revive a photographer's suit accusing the Metropolitan Museum of Art of improperly including his photo of musician Eddie Van Halen on its website for a rock music exhibition.

A three-judge appellate panel agreed with a lower court decision that the inclusion of Lawrence Marano's photo in the exhibit counts as fair use.

The Met's use of the photo put foreground focus on Van Halen's guitar, while Marano has said his photo's purpose was trying to illustrate Val Halen's performance, the panel said. The Met's foreground focus, along with other factors, gave the photo a...

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