New York federal Judge Gerard E. Lynch has declined to grant summary judgment to two French fashion designers who claim a U.S. news magazine violated fair use of their copyright by showing photographs of their full collections on the Internet. Lynch said he was not satisfied by the French corporations' arguments on infringement and fair use and found there were several issues of fact to be decided on the issue of whether firstView's publication of the photos was protected by the fair use doctrine.
Summary Judgment Denied in Multiyear Battle Over Magazine's Online Use of Photos
New York Law Journal
December 30, 2008