Second Circuit Finds The Met Made Fair Use of Rock Star Photo in Online Catalogue

Recently, the Second Circuit Court of Appeals affirmed a district court ruling that the Metropolitan Museum of Art did not infringe a photographer’s copyright in an image of Eddie Van Halen because the museum’s use of the image in its online exhibition catalogue constituted fair use.  This decision is relevant to all galleries and museums that exhibit artworks digitally, which has only increased since the onset of the Covid-19 pandemic.  Here’s what you need to know.