Calling the case "close and difficult," the 9th circuit affirmed a district court ruling that Green Day's use of a graphic image in a video was a fair use. The district court's award of attorney's fees to Green Day was reversed.
Story from the World Intellectual Property Review here: http://bit.ly/152ZI1k
The "fair use" defense is typically problematic, and here it is interesting that the lower court believed that the Plaintiff's case was unreasonable and awarded attorney's fees to Green Day, but the 9th Circuit said not so fast - this was a close and difficult case - and reversed the award of attorney's fees.
Enjoy and have a great day!
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