Kienitz v. Sconnie Nation
CourtUnited States Court of Appeals for the Seventh Circuit
Full case nameMichael Kienitz v. Sconnie Nation LLC and Underground Printing-Wisconsin LLC
DecidedSeptember 15, 2014
Citation(s)766 F.3d 756
Case history
Appealed fromW.D.Wis.
Subsequent action(s)en banc rehearing denied; October 14, 2014
Court membership
Judges sittingWilliam J. Bauer, Frank Easterbrook and Ann Claire Williams
Case opinions
Photograph of city mayor used on T-shirt criticizing him was sufficiently altered from original to be transformative regardless of commercial use since alterations removed copyrightable aspects of image. Western District of Wisconsin affirmed
Decision byEasterbrook
Keywords
  • copyright
  • fair use
  • transformative use

Kienitz v. Sconnie Nation, 766 F.3d 756 (7th Cir. 2014) is a copyright case in the United States Court of Appeals for the Seventh Circuit, on the question of whether the use of a photograph used by printing and t-shirt company Sconnie Nation, LLC, was a copyright infringement or fair use.[1] The photo in question had been taken by Michael Kienitz and was of Paul Soglin, mayor of Madison, Wisconsin.[2] The photo had been heavily abstracted and colorized for use on a T-shirt that said "Sorry for Partying," which referred to Soglin's attempt to shut down the annual Mifflin Street Block Party that he himself had attended in his youth. The Seventh Circuit held in 2014 that Sconnie Nation's use was fair,[2] applying the fair use statutory defense and relying most heavily on the lack of any effect on the market for the original photograph, rather than on its use as commentary on the mayor.[3] While affirming the grant of summary judgment to the defendants, the opinion notes that Kienitz did not argue that his reputation for only licensing flattering uses had been harmed by the defendants' use, and stated that there was no reason that the defendants needed to use the specific photograph.[4][5][6][7]

References

  1. ↑ "Kienitz v. Sconnie Nation, LLC". Stanford University Copyright and Fair Use Center. September 15, 2014. Retrieved December 12, 2015.
  2. 1 2 "Kienitz v. Sconnie Nation, LLC, 766 F.3d 756 (7th Cir. 2014" (PDF). U.S. Copyright Office Fair Use Index. 2014. Retrieved December 12, 2015.
  3. ↑ "A Circuit Split or Just a Surface-Blemish: Why Kienitz v. Sconnie Nation LLC Doesn't Conflict with Cariou v. Prince". The National Law Review. February 17, 2015. Retrieved December 12, 2015.
  4. ↑ "Kienitz v. Sconnie Nation, LLC, No. 13-3004 (7th Cir. 2014)". Justia Law. Retrieved December 12, 2015.
  5. ↑ Smolla, Prof. Rodney A. (October 6, 2014). "Appropriation Art and the Smile of the Cheshire Cat". The Media Institute. Retrieved December 12, 2015.
  6. ↑ Smolla, Prof. Rodney A. (February 4, 2015). "Kienitz v. Sconnie Nation LLC, Part II". The Media Institute. Retrieved December 12, 2015.
  7. ↑ Werbin, Barry (September 18, 2014). "Kienitz v. Sconnie Nation LLC.- Seventh Circuit". The Entertainment, Arts and Sports Law Blog. Archived from the original on December 22, 2015. Retrieved December 12, 2015.
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