Monge v. Maya Magazines, Inc.

Docket Number: 10-56710
Judge: McKeown
Opinion Date: August 14, 2012

In this case the Ninth Circuit Court of Appeals noted, “This appeal reads like a telenovela, a Spanish soap opera. It pits music celebrities, who make money by promoting themselves, against a gossip magazine, that makes money by publishing celebrity photographs, with a paparazzo, who apparently stole the disputed pictures, stuck in the middle.” Noelia Monge and Jorge Reynoso (“the couple”), Latin American celebrities, claimed that Maya Magazines, Inc. and Maya Publishing Group, LLC (collectively, “Maya”) infringed their copyrights by publishing previously unpublished photos of their clandestine wedding in “TVNotas,” a Spanish-language celebrity gossip magazine. The district court granted Maya summary judgment on the ground that publication of the images was fair use under the Copyright Act of 1976. The Ninth Circuit reversed, holding that Maya did not sustain its burden of establishing that its wholesale, commercial use of the previously unpublished photos constituted fair use, and thus, the district court should have granted the couple’s summary judgment motion on this issue. Remanded. View “Monge v. Maya Magazines, Inc.” on Justia Law