Sixth Circuit Upholds Lower Court Ruling In Hustler Case: Fair Use Defense Not Available In Publication of Reporter's Photograph

The Sixth Circuit has upheld a lower court ruling in favor of plaintiffs who alleged that the publishers of Hustler magazine knowingly used a copyrighted photograph of one of the plaintiffs in one of its issues. Hustler argued that its use of the photo was protected under fair use. The case is Balsley v. LPF. Inc., No. 11-3445.