X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
MERC PREVAILS IN PHOTOGRAPHER’S SUIT SAN JOSE � A federal jury on Monday rejected copyright claims in a lawsuit accusing the San Jose Mercury News of illegally publishing a photograph. Christopher Harris, a digital media communications professor at Middle Tennessee State University, claimed the newspaper reprinted one of his photos in a 2003 book review without his written approval. The Mercury News, however, argued during the week-long trial before U.S. District Judge Charles Breyer that it was allowed to publish the picture because of the fair use privilege, the legal right to reproduce copyrighted material within reason � without the consent of the copyright owner. The photo of author Walker Percy ran alongside a review of Paul Elie’s “The Life You Save May Be Your Own: An American Pilgrimage.” The image had originally appeared in the book and the Mercury News had printed Harris’ name beside the photo in the review. Lawyers for Harris and the Mercury News did not return calls for comment Tuesday.

Julie O’Shea

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.