"What’s Wrong with This Picture?" Los Angeles Daily Journal
Publications
May 30, 2013
In this installment of the “Content Matters” column, published in the Los Angeles and San Francisco editions of the Daily Journal, Jenner & Block Partner Andrew J. “A.J.” Thomas examines the unauthorized use of copyrighted photographs. A.J. explains that such unauthorized use presents problems for copyright law, and he reviews how three federal appellate courts have approached the issue in the past year. In all three cases, the courts focused on how much or little the photos were altered and how much of each picture was copied. “In so doing, the courts misapprehended an essential question in fair use analysis – whether the defendant has reproduced the copyrighted work for the same basic purpose as the original, or whether the defendant has ‘transformed’ the original work by using it for a different purpose, in a manner that adds new meaning or conveys a new message,” A.J. observes.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
May 30, 2013
In this installment of the “Content Matters” column, published in the Los Angeles and San Francisco editions of the Daily Journal, Jenner & Block Partner Andrew J. “A.J.” Thomas examines the unauthorized use of copyrighted photographs. A.J. explains that such unauthorized use presents problems for copyright law, and he reviews how three federal appellate courts have approached the issue in the past year. In all three cases, the courts focused on how much or little the photos were altered and how much of each picture was copied. “In so doing, the courts misapprehended an essential question in fair use analysis – whether the defendant has reproduced the copyrighted work for the same basic purpose as the original, or whether the defendant has ‘transformed’ the original work by using it for a different purpose, in a manner that adds new meaning or conveys a new message,” A.J. observes.
Related Attorneys
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
News and Insights
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Partner Emily Loeb Quoted in Semafor on Corporate Risk Ahead of Midterm Elections
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June 9, 2026
Event
Co-Managing Partner Randy Mehrberg Co-Chairs the Chicago Bar Foundation's 2026 Investing in Justice Campaign
Co-Managing Partner Randy Mehrberg is serving as co-chair of the Chicago Bar Foundation's (CBF) 2026 Investing in Justice Campaign alongside Laura Stein, General Counsel of Mondelēz International, Inc.
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