Bill Graham Archives v. Dorling Kindersley, Ltd.

Bill Graham Archives v. Dorling Kindersley, Ltd., 448 F.3d 605 (2d Cir. 2006),[1] is a case in the United States Court of Appeals for the Second Circuit regarding the fair use of images in a pictorial history text.[1]

Bill Graham Archives v. Dorling Kindersley
CourtUnited States Court of Appeals for the Second Circuit
Full case nameBill Graham Archives v. Dorling Kindersley, Ltd.
ArguedJanuary 4 2006
DecidedMay 9 2006
Citation(s)448 F.3d 605
Case history
Procedural historyAffirmed holding from 386 F.Supp.2d 324 (S.D.N.Y. 2005)
Holding
Use of concert posters in a reference book timeline transformed the purpose of the original works and was protected as a fair use
Court membership
Judge(s) sittingCircuit Judges Kearse, Raggi, Restani

Dorling Kindersley ("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.[1] The book was a 480-page coffee table book that included a wide variety of Grateful Dead-related information and imagery.[1] 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."[2]

DK had sought permission from Bill Graham Archives ("BGA") for the use of seven images but after negotiations fell through used the images without permission.[1] 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.[1]

DK declined to pay BGA's licensing demands after publication, and BGA sued.[1] The District Court (SDNY) granted summary judgment to DK on their fair use defense.[1] Bill Graham Archives appealed to the Second Circuit.[1] DK, represented by copyright litigator Richard Dannay, again asserted fair use, and the Second Circuit affirmed: "We agree with the district court that DK's use of the copyrighted images is protected as fair use."[3]

References
  1. Bill Graham Archives v. Dorling Kindersley, 448 F.3d 605 (2d Cir. 2006).
  2. Bill Graham Archives v. Dorling Kindersley, 448 F.3d 605 (2d Cir. 2006) (PDF p.2). Archived May 2, 2013, at the Wayback Machine
  3. Bill Graham Archives v. Dorling Kindersley, 448 F.3d 605 (2d Cir. 2006) (PDF pp.5-6). Archived May 2, 2013, at the Wayback Machine
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