The Second Circuit panel found that the Met's use of Marano's photo was "transformative" because it focused on the instrument, which Van Halen called his "Frankenstein" guitar, and not the performer.
April 02, 2021 at 12:56 PM
1 minute read
The U.S. Court of Appeals for the Second Circuit on Friday refused to revive a copyright-infringement lawsuit accusing the Metropolitan Museum of Art of using a photo of Eddie Van Halen playing his famed “Frankenstein” guitar without permission.
The ruling, from a three-judge panel of the Manhattan-based appeals court, found that the Met made “fair use” of the image, which it used in an online catalog promoting a 2019 exhibition called “Play It Loud: Instruments of Rock & Roll.”
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A guitar made and played by Eddie Van Halen of Van Halen is displayed at the exhibit “Play It Loud: Instruments of Rock & Roll” at the Metropolitan Museum of Art in New York. Photo: Seth Wenig/AP
