7th Circ. Fair Use Ruling Rips 2nd Circ.'s Cariou Decision

Law360, New York (September 15, 2014, 6:55 PM EDT) -- The Seventh Circuit ruled Monday that T-shirts mocking a Wisconsin mayor were covered by the fair use doctrine — but took the opportunity to sharply criticize the Second Circuit's controversial fair use ruling last year against photographer Patrick Cariou.

A three-judge panel for the appeals court ruled that shirts displaying a heavily-altered picture of Madison, Wisconsin, mayor Paul Soglin's face with the phrase "Sorry for Partying" counted as a fair use of photographer Michael Kienitz's copyrighted image. The tees were aimed at Soglin's efforts to shut down the rowdy yearly Mifflin Street Block Party.

But to get to that result, U.S....

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