The case of a pop singer’s secret wedding photos demonstrates when use isn’t fair

Whether a use is fair will depend on the specific facts of the case, and which judge you draw

In my past two articles I have discussed the principles of fair use and how they apply to allow someone to use copyrighted material without permission of the copyright owner. In my third and last article on fair use, I will give an example of a recent situation where a magazine publisher failed in its attempt to rely on fair use to protect the publisher’s use of newsworthy photographs.

This case involves the world of gossip magazines and Spanish soap operas. The plaintiff was Noelia Lorenzo Monge, a pop singer and model. In January 2007, Monge wed her manager, Jorge Reynosa, in a secret private ceremony in Las Vegas. The couple had employees of the chapel use their camera to take photographs of the ceremony.

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Allen Grodsky

Allen Grodsky’s firm, Grodsky & Olecki, is an entertainment, intellectual property, and business litigation firm based in Santa Monica.

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