Legal Opinion

Sixto Nunez v. Caribbean International News Corp. (El Vocero De Puerto Rico)

Court of Appeals for the First Circuit

Decided December 21, 2000No. 99-2266PublishedCited by 74 opinions

1Opinion of the Court

TORRUELLA, Chief Judge.

This appeal raises the question whether the reproduction of independently newsworthy photographs without permission is a “fair use” pursuant to 17 U.S.C. § 107 when those photographs were acquired and reproduced in good faith and the work had already been distributed on a limited basis.

Because we find that such use is fair, we affirm the district court’s grant of summary judgment.

BACKGROUND

Appellant Núñez, a professional photographer, took several photographs of Joyce Giraud (Miss Puerto Rico Universe 1997) for use in Giraud’s modeling portfolio. Núñez then distributed…

2Cases cited9 opinions

  1. Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
  2. Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
  3. Campbell v. Acuff-Rose Music, Inc.Supreme Court of the United States · 1994
  4. Folsom v. MarshU.S. Circuit Court for the District of Massachusetts · 1841
  5. Faith Ringgold v. Black Entertainment Television, Inc., Home Box Office, Inc.Court of Appeals for the Second Circuit · 1997

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3Cited by74 opinions

  1. Perfect 10, Inc. v. Amazon. Com, Inc.Court of Appeals for the Ninth Circuit · 2007
  2. Bill Graham Archives v. Dorling Kindersley Limited, Dorling Kindersley Publishing, Inc. And Rr Donnelley & Sons Company, Docket No. 05-2514-CvCourt of Appeals for the Second Circuit · 2006
  3. Swatch Group Management Services Ltd. v. Bloomberg L.P.Court of Appeals for the Second Circuit · 2014
  4. Authors Guild v. Google, Inc.Court of Appeals for the Second Circuit · 2015
  5. Kelly v. Arriba Soft Corp.Court of Appeals for the Ninth Circuit · 2003

69 more not listed; retrieve them via the Exa API.

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