A federal judge has ruled against the San Jose Mercury News in a copyright infringement case stemming from a photograph used in a book review. District Court Judge Charles R. Breyer, brother of U.S. Supreme Court Justice Stephen Breyer, refused to grant the newspaper’s motion to dismiss the case which was brought by the Trial & Technology Law Group on behalf of photographer Christopher Harris, according to a report in E&P Magazine and a press release from the Trial & Technology Law Group.

SF Press Club News

2 Comments

  1. I guess the Merc just assumed that since they were giving the book publicity, nobody would care about a copyright violation. My fear is that they will claim “fair use,” and the court will reject the claim and narrow the use of “fair use,” putting all journalists at a disadvantage when using material in the public domain. I hope the Merc has good lawyers.

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