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To Ninth Circuit Judge M. Margaret McKeown, the appeal in copyright case Monge v. Maya Magazines, 10-56710 (opinion available at http://bit.ly/SHWuIB), read “like a telenovela, a Spanish soap opera.” McKeown wrote in Monge that the Spanish-language gossip magazine TVNotas violated the copyright of Noelia Lorenzo Monge, a Puerto Rican pop singer known mostly by her first name, and her husband, Jorge Reynoso, a music producer, by publishing private wedding photographs that apparently had been stolen from them.
The magazine argued that publishing the photos met the copyright fair-use exception, in part because the photos had genuine news value: The couple had married in secret and publicly denied their marriage. McKeown disagreed. “Waving the news-reporting flag is not a get-out-of-jail-free card in the copyright arena,” she wrote.
But Judge Milan Smith Jr. dissented, saying that under McKeown's logic, golfer Tiger Woods could have blocked publication of his “sexts” by asserting copyright protection and former congressman Anthony Weiner could have shut down publication of his sexually suggestive Twitter photos. “Although newsworthiness alone is insufficient to invoke fair use,” Smith wrote, “public figures should not be able to hide behind the cloak of copyright to prevent the news media from exposing their fallacies.”
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