Case Study: Monge V. Maya Magazines

Law360, New York (September 5, 2012, 1:42 PM EDT) -- Noting that the defense of fair use is “one of the most troublesome in the whole law of copyright,” a majority of a panel of the Ninth Circuit Court of Appeals rejected the defense and reversed a decision granting summary judgment in favor of a gossip magazine that published six private photographs showing the secret nuptials of two celebrities. Noelia Lorenzo Monge, et al., v. Maya Magazines Inc., et al., Case Nos. 10-56710 and 11-55483 (9th Cir. August 14, 2012).

The photographs were among more than...
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