Blogger Defeats Photographer's Copyright Claim-Sokolskyfilm vs. Messiah
tech
A federal court rejected a photographer's copyright claim against a blogger, ruling the blogger's use was protected by fair use. The photographer had licensed a fashion photograph, taken in nineteen sixty-two, for fine art reproductions at up to five thousand dollars each. In two thousand nine, blogger Lauren Messiah found the image in a Google search and used it to illustrate a post about fashion for military spouses. The photographer didn't discover the post until twenty twenty-five, when she sued for infringement. But the court sided with the blogger. It ruled the use was transformative because the photo served a different function within a blog post about fashion advice than it would within the photographer's art portfolio. The blog post received just forty-three views. The photographer's intended market was fine art; the blog served a different audience and purpose. According to Eric Goldman's technology law blog, the case highlights how some low-stakes copyright disputes still reach federal court.
Source: https://blog.ericgoldman.org/archives/2026/06/blogger-def...
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