Blogger Defeats Photographer's Copyright Claim-Sokolskyfilm vs. Messiah

3 hours ago

A blogger used a 1962 photograph found via Google Images in a 2009 blog post about fashion for military spouses, later transferring the post to a new site in 2011.
The photographer discovered the use in 2025, sent a cease-and-desist, and sued for copyright infringement, but the court dismissed the claim on fair use grounds due to the post's transformative nature and lack of commercial impact.
The court noted the photo was used illustratively without substantive commentary, but emphasized no revenue was earned from it, and the photographer's market was fine art, differing from the blog's purpose.
The statute of limitations was not addressed, reflecting how online copyright claims can reset with each view, yet the court favored dismissal, possibly due to the case's low stakes.
A Section 1202 claim for removing copyright management information was rejected because the blogger lacked intent to infringe, having saved the image without alteration and without knowing the photographer.
The case contrasts with another where fair use was denied for similar photo use, highlighting inconsistencies in rulings, and raises questions about why such low-value cases reach federal court instead of the Copyright Claims Board.
The lawsuit underscores risks for bloggers using third-party photos and the societal costs of unresolved disputes, though generative AI alternatives were not viable at the time of copying.

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