This summary constitutes no part of the opinion of the court. It has
been prepared by court staff for the convenience of the reader.
Before: Diarmuid F. O’Scannlain, Stephen S. Trott,and Richard R. Clifton, Circuit Judges.Opinion by Judge O’Scannlain
Copyright / Fair Use
The panel affirmed the district court’s summary judgmentin favor of the defendants but vacated the district court’saward of attorneys’ fees in an artist’s action allegingviolations of the Copyright Act and the Lanham Act in a rock band’s unauthorized use of an illustration in the video backdrop of its stage show.The panel held that the video backdrop was a fair useunder the Copyright Act. First, the purpose and character of the use was transformative because the video altered theexpressive content or message of the illustration, and the usewas not overly commercial. Second, the illustration was acreative work, but its nature included its status as a widelydisseminated work of street art. Third, the defendants copiedmost of the illustration, but it was not meaningfully divisible.Fourth, the video backdrop did not affect the value of theillustration.