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No Fair Use in Mag's Publication of Marriage Photos of Singer
To Ninth Circuit Judge M. Margaret McKeown, the appeal in copyright case Monge v. Maya Magazines, 10-56710 (opinion available at http://bit.ly/SHWuIB), read “like a telenovela, a Spanish soap opera.” McKeown wrote in Monge that the Spanish-language gossip magazine TVNotas violated the copyright of Noelia Lorenzo Monge, a Puerto Rican pop singer known mostly by her first name, and her husband, Jorge Reynoso, a music producer, by publishing private wedding photographs that apparently had been stolen from them.
The magazine argued that publishing the photos met the copyright fair-use exception, in part because the photos had genuine news value: The couple had married in secret and publicly denied their marriage. McKeown disagreed. “Waving the news-reporting flag is not a get-out-of-jail-free card in the copyright arena,” she wrote.
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