Kienitz v. Sconnie Nation LLC

Dist. Ct. did not err in granting defendants’ motion for summary judgment in action by plaintiff-photographer, alleging that defendants infringed on his copyright in photograph of Mayor of Madison, Wisconsin, where defendants used portion of said photograph on 54 t-shirts and tank tops that earned defendants small profit. Defendants’ use of photograph had only limited effect on market, so as to qualify for “fair use” defense, where: (1) defendant used only small portion of photograph; (2) instant t-shirts and tank tops were not substitutes for original photograph; and (3) plaintiff did not assert that defendants disrupted any plan to license photograph for clothing apparel. Also, plaintiff did not argue that defendants’ apparel reduced demand for photograph or for any use of photograph contemplated by plaintiff.