''Bill Graham Archives v. Dorling Kindersley, Ltd.'', 448

F.3d The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by We ...

605 (

2d Cir. The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jur ...

2006),
Bill Graham Archives v. Dorling Kindersley
', 448 F.3d 605 (2d Cir. 2006). is a case in the

United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate ju ...

regarding the

fair use Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests ...

of images in a pictorial history text.

Dorling Kindersley Dorling Kindersley Limited (branded as DK) is a British multinational publishing company specialising in illustrated reference books for adults and children in 63 languages. It is part of Penguin Random House, a subsidiary of German media co ...

("DK") is a publisher of popular books, including colorful picture books for children and "coffee table books". In October 2003, DK and Grateful Dead Productions published ''Grateful Dead: The Illustrated Trip''. The book was a 480-page coffee table book that included a wide variety of Grateful Dead-related information and imagery. The book included a timeline "running continuously through the book, chronologically combining over 2000 images representing dates in the Grateful Dead's history with explanatory text." DK had sought permission from

Bill Graham Archives Wolfgang's (formerly Wolfgang's Vault) is a private music-focused company established in 2002 dedicated to the restoration and archiving of audio and video concert recordings and the sale of music memorabilia. It began with the collection of the p ...

("BGA") for the use of seven images but after negotiations fell through used the images without permission. The seven images were originally Grateful Dead event posters, and they were reproduced as thumbnails along the timeline, along with captions describing the actual events. DK declined to pay BGA's licensing demands after publication, and BGA sued. The District Court (SDNY) granted summary judgment to DK on their fair use defense. Bill Graham Archives appealed to the Second Circuit. DK, represented by copyright litigator

Richard Dannay Richard is a male given name. It originates, via Old French, from Old Frankish and is a compound of the words descending from Proto-Germanic ''*rīk-'' 'ruler, leader, king' and ''*hardu-'' 'strong, brave, hardy', and it therefore means 'strong ...

, again asserted

, and the Second Circuit affirmed: "We agree with the district court that DK's use of the copyrighted images is protected as fair use."
Bill Graham Archives v. Dorling Kindersley
', 448 F.3d 605 (2d Cir. 2006) (PDF pp.5-6).

References

United States copyright case law United States Court of Appeals for the Second Circuit cases 2006 in United States case law Fair use case law Grateful Dead Penguin Books {{US-case-law-stub