Comments on: Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR https://blog.ericgoldman.org/archives/2024/02/fourth-circuit-issues-a-bummer-fair-use-ruling-philpot-v-ijr.htm Tue, 20 Feb 2024 18:53:09 +0000 hourly 1 By: Pamela Chestek https://blog.ericgoldman.org/archives/2024/02/fourth-circuit-issues-a-bummer-fair-use-ruling-philpot-v-ijr.htm#comment-4103 Mon, 12 Feb 2024 19:44:00 +0000 https://blog.ericgoldman.org/?p=26049#comment-4103 I don’t see why this case bothers you so much. It’s a pretty clear infringement and in my opinion fair use a frivolous defense. Certainly the fact that there is a well-established licensing market for photographs for editorial use swings this away from fair use. As to damages, it appears Phipot values his attribution at $3500.

You seem to blame Philpot for not settling, but maybe it was the defendant who was being unreasonable. And not all lawsuits come down to a simple cost-to-litigate, cost-to-win binary. Especially for Philpot, who is a serial plaintiff and has reason to want to send a message.

]]>