In Chanko v. American Broadcasting Companies, Inc., a seminal copyright infringement case, the courts grappled with the complex interplay between copyright protection and the fair use doctrine. This case has had a profound impact on copyright law, shaping the way courts analyze fair use defenses and the scope of transformative use.
The dispute centered on ABC’s unauthorized use of copyrighted photographs taken by freelance photographer Carol Highsmith. ABC argued that its use of the photographs was protected by the fair use doctrine, claiming that its use was transformative and did not harm the market for Highsmith’s work.
Copyright Infringement
In 1981, the United States Court of Appeals for the Ninth Circuit ruled on the case of “Chanko v. American Broadcasting Companies, Inc.” The case involved a copyright infringement lawsuit filed by George Chanko, a freelance photographer, against American Broadcasting Companies (ABC) for allegedly using his photographs without his permission in a television broadcast.
Chanko claimed that ABC had infringed on his copyright by using 24 of his photographs in a news segment about the 1980 Winter Olympics in Lake Placid, New York. Chanko had taken the photographs while working as a freelance photographer for the Lake Placid News, and he had not authorized ABC to use them.
Fair Use Defense
ABC defended itself against the copyright infringement claim by asserting the fair use defense. The fair use defense allows limited use of copyrighted material without permission from the copyright holder in certain circumstances, such as for news reporting, criticism, or parody.
To determine whether a use of copyrighted material is fair, courts consider four factors:
- The purpose and character of the use, including whether it is commercial or non-profit
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for or value of the copyrighted work
Transformative Use: Chanko V. American Broadcasting Companies
In analyzing the fair use defense, courts also consider whether the use of the copyrighted material was transformative. Transformative use is a use that alters the original work with new expression or meaning, such as a parody or a critique.
In the “Chanko” case, the court found that ABC’s use of Chanko’s photographs was not transformative. The court noted that ABC had used the photographs in a news segment that was essentially the same as the news story that Chanko had written for the Lake Placid News.
The court also found that ABC’s use of the photographs had not significantly altered their meaning or expression.
Impact on Copyright Law
The “Chanko” decision has had a significant impact on copyright law. The decision has been cited in numerous subsequent fair use cases, and it has helped to shape the way that courts analyze fair use defenses.
The “Chanko” decision has also had a significant impact on the way that creators and copyright holders use and protect copyrighted works. The decision has made it clear that the fair use defense is a narrow one, and that creators and copyright holders must be careful not to use copyrighted material without permission.
Top FAQs
What is the fair use doctrine?
The fair use doctrine is a legal principle that allows limited use of copyrighted material without the permission of the copyright holder for purposes such as criticism, comment, news reporting, teaching, scholarship, and research.
What are the four factors considered in determining fair use?
The four factors considered in determining fair use are: (1) the purpose and character of the use; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used; and (4) the effect of the use upon the potential market for or value of the copyrighted work.
What is transformative use?
Transformative use is a type of fair use that occurs when the copyrighted work is used in a new and different way that adds something new to the original work.
