SIXTO NUNEZ, Plaintiff, Appellant, v. CARIBBEAN INTERNATIONAL NEWS CORP. (EL VOCERO DE PUERTO RICO), Defendant, Appellee., 235 F.3d 18

Summary

Plaintiff, a professional photographer, took several photographs of a naked or nearly naked pageant winner for use in the woman's modeling portfolio. Plaintiff then distributed the photographs to the modeling community in accordance with normal practice. A controversy arose over the photographs, and a local television program displayed the photographs on screen. Without plaintiff's permission, three of plaintiff's photographs appeared in defendant's newspaper, along with several articles about the controversy. Plaintiff filed suit, alleging that defendant violated copyright law. Defendant was granted summary judgment under the fair use defense of 17 U.S.C.S. § 107. On appeal, the court affirmed the decision. Three of the four factors in the fair use inquiry favored a finding of fair use, and the remaining factor was not relevant. A fair use existed because the photographs were particularly newsworthy, defendant acquired the photographs in good faith, and the photographs had already ...