Affiliates' Broadcast of Freelancer's Photo, While for News Reporting, Was Not Fair Use

摘要

Broadcast by two CBS Broadcasting Inc. affiliates of a freelancer's photo of mobster Stephen "the Rifleman" Flemmi constituted copyright infringement, even if it could be considered news reporting, because such use could destroy the only potential market that exists for such a work, the U.S. District Court for the District of Massachusetts ruled June 22 (Fitzgerald v. CBS Broadcasting Inc., D. Mass., Nos. 04cvl2138-NG and 06cvll302-NG, 6/22/07). While granting the photographer summary judgment as to liability, the court dismissed one of the two pending lawsuits, reasoning that the two stations are subdivisions of the same corporation, and thus cannot give rise to separate lawsuits and damages awards.