Tuesday, January 11, 2005

Judge Conrad dismisses copyright claim against police department for use of suspect's photographs

In Shell v. City of Radford, Judge Conrad of the W.D. Va. granted the City's motion to dismiss the copyright infringement claims brought by a professional photographer claiming that the city's police department has misused his art which was seized in connection with the criminal investigation into the death of a former model and assistant to the photographer.

The opinion includes a rare W.D. Va. discussion of fair use, albeit in the unusual circumstances of fair use by law enforcement investigators.

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