Cracked: "What We REALLY Mean When We Talk About Leaked Pics"

[pnwmom]

21. Fair use doesn't allow the use of an entire image without permission, and it doesn't

allow the publication of stolen images.

http://ipkitten.blogspot.com/2012/08/tabloid-publication-of-stolen-photos-is.html

In 2008, Reynoso borrowed a SUV from Oscar Viqueira, a paparazzo who also used to work occasionally for the couple as a driver and bodyguard during their stays in Miami. Apparently, Reynoso left the memory chip of Noelia's camera in the car, and Viqueira found it. When Viqueira looked at the files on the chip, he found the photos of the secret wedding and thought it appropriate to capitalise on the files to extort money that apparently Reynoso already owed him. When his plan failed, Viqueira sold the photos to Maya for $1,500, without the permission of the couple.

SNIP
Noelia and Reynoso decided to sue Maya Magazines and Maya Publishing Group, claiming that they had infringed their copyrights by publishing previously unpublished photos of their clandestine wedding.

Analysis
The district court granted Maya summary judgment on the ground that publication of the images was fair use, but the Circuit Court reversed. Circuit Judge Margaret McKeown, who delivered the Opinion of the Court (with Judge Milan Smith Jr dissenting), found that that this case read like a "telenovela", but that the tantalising and even newsworthy interest of the photos did not trump a balancing of the four non-exclusive fair use factors.

SNIP

As commented by The Hollywood Reporter, the decision is a huge victory for celebrities, in that it sets an important precedent. For instance, "Hollywood attorney Marty Singer dealt with the leak of a sex tape involving clients Rebecca Gayheart and [Grey's Anatomy Dr Sloan/]Eric Dane. Because Dane was holding the camera, the lawyer argued, he had a copyright interest in the video. Had a lawsuit against Gawker continued instead of settling, Dane might have been able to enjoy the same kind of victory just given to [Noelia] and Reynoso."