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NEWS APRIL 12, 2021 ¦ 13

is a pretty compelling indication Hare said his clients are open to
the labs were doing their job. They a settlement, but are ready to go to
were owed that and the money trial.
was paid,” Hare said. “I’d close with telling the jury
For its part, Cigna alleges “These labs did this work that the moral here is to live up
fee forgiveness on the part of to your word,” he said. “Here
the laboratories in legal filings, and over the years,” said is one of the biggest insurance
meaning the laboratories waved plaintiffs counsel Scott companies who pays our clients

Hare.

co-pays for patients that they for work, until it decides not to,
shouldn’t have. and then they cut them off and let
Cigna’s attorney, Alston & Bird them wither.”
Washington, D.C., partner Edward Kang, didn’t re- Assisting Hare on the case are his colleagues Todd
spond to a request for comment Wednesday. Brooks and Anthony Gestrich.
Meanwhile, Hare refuted the insurers’ argument. ¦

“We say they are wrong with regard to their fee Robert Storace covers legal trends, lawsuits and
forgiveness claim,” he said. “We have an obligation analysis for the Connecticut Law Tribune. Follow
to make reasonable efforts to collect co-pays and we him on Twitter @RobertSCTLaw or reach him at
went beyond the industry standard in doing so.” 203-437-5950.

2nd Circuit Met’s Van Halen
Photo in Catalog Was ‘Fair Use’

By Tom McParland

The U.S. Court of Appeals for the Second Circuit
on Friday refused to revive a copyright-in-
fringement lawsuit accusing the Metropolitan
Museum of Art of using a photo of Eddie Van Ha-
len playing his famed “Frankenstein” guitar without
permission.
The ruling, from a three-judge panel of the Man-
hattan-based appeals court, found that the Met
made “fair use” of the image, which it used in an
online catalog promoting a 2019 exhibition called
“Play It Loud: Instruments of Rock & Roll.”
An attorney for Florida-based photographer A guitar made and played by Eddie Van Halen of
Van Halen is displayed at the exhibit “Play It Loud:
Lawrence Marano had argued last month that the Instruments of Rock & Roll” at the Metropolitan Museum
museum’s inclusion of the photo was not protected
of Art in New York. Photo: Seth Wenig/AP

by the doctrine, which allows for the unlicensed use Whereas Marano had intended to depict Van Halen
of copyright-protected works in certain instances. live in concert, the museum’s exhibit highlighted the

The panel, however, found that the Met’s use of unique design of the guitar, as well as its “significance
Marano’s photo was “transformative” because it in the development of rock n’ roll instruments.”
focused on the instrument and not the performer.
¦ Continued on PAGE 14

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