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Bill Graham Archives v. Dorling Kindersley Ltd.

United States Court of Appeals for the Second Circuit
448 F.3d 605 (2d Cir. 2006)


Facts

Dorling Kindersley (defendant) published a coffee-table book, entitled Grateful Dead: The Illustrated Trip (the book), detailing the Grateful Dead’s history as a band. The book was 480 pages and contained over 2,000 images with accompanying text. The book was arranged chronologically, and each page generally contained a collage of pictures, explanatory text, and graphic art. Seven of the images included in the book had copyrights, which were owned by Bill Graham Archives (BGA). The seven images were originally used in a promotional capacity on posters and concert tickets. Kindersley attempted to negotiate a licensing agreement with BGA for use of the images, but ultimately published without an agreement. BGA sought a post-publication licensing agreement as well, but the parties were again unable to come to terms. BGA sued for copyright infringement. The district court granted summary judgment in favor of Kindersley, finding that the use of the images qualified as fair use. BGA appealed.

Rule of Law

Issue

Holding and Reasoning (Restani, J.)

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