Bill Graham Archives v. Dorling Kindersley Ltd.
United States Court of Appeals for the Second Circuit
448 F.3d 605 (2d Cir. 2006)
Relevant factsFree
Dorling Kindersley (defendant) published a 480-page illustrated biography of the Grateful Dead that reproduced seven copyrighted images, originally created for concert posters and tickets, owned by Bill Graham Archives (BGA) (plaintiff). Kindersley tried and failed to reach a licensing deal with BGA both before and after publication. BGA sued for copyright infringement, and the district court granted summary judgment for Kindersley on fair-use grounds. BGA appealed.
IssueFree
Whether reproducing copyrighted promotional images, reduced in size and combined with other content in a biographical work, qualifies as a transformative fair use.