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14 ¦ APRIL 12, 2021 NEWS

¦ From 2ND CIRCUIT on PAGE 13 district court’s conclusion that the
“This transformative use of the fair use exception applies to the
photo is consistent with the re- Met’s display of the photo,” the
maining factors … tipping in favor The Second Circuit panel panel said.
of fair use,” the ruling said. found that the Met’s
use of Marano’s photo Freeman did not immediately
Among the other issues, the respond Friday to a request for
Second Circuit said, there was was “transformative” comment.

“no indication” that the Met’s use because it focused on The Met was represented in the
of the photo on its website could
impair its commercial market or the instrument, which case by Linda Steinman, a part-
ner with Davis Wright Tremaine.
diminish its value “in any way.” Van Halen called his Steinman was not immediately
James Freeman, a partner with available to comment Friday
“Frankenstein” guitar, and morning.
the Liebowitz Law Firm who rep- not the performer.

resented Marano, said during oral The panel included Judges John
arguments March 22 that allowing M. Walker Jr. and William J. Nar-
museums to display copyrighted dini of the Second Circuit and U.S.
works would allow the “unfettered” access to assert District Judge John L. Sinatra Jr. of the Western Dis-
a fair use defense under the guise of scholarship. trict of New York, who sat by designation.
But the Second Circuit eschewed those fears Fri- The case was captioned Marano v. Metropolitan
day, noting that fair use is a “deeply case-specific” Museum of Art.
analysis that depends on the context of individual ¦

cases. Tom McParland of New York Law Journal can be
“Such individualized analysis is precisely what contacted at [email protected]. Follow him on
[the law] requires, and we discern no error in the Twitter @TMcParlandALM.

Trump Faces Increased Legal
Pressure Over Capitol Riot

By Jacqueline Thomsen

Ten more members of Congress are joining Reps. Karen Bass, Steve Cohen, Bonnie Watson
a lawsuit against former President Donald Coleman, Veronica Escobar, Hank Johnson, Marcy
Trump over the Jan. 6 riot at the U.S. Capitol, Kaptur, Barbara Lee, Jerry Nadler, Pramila Jayapal
alleging that he and others violated federal law in and Maxine Waters are the members seeking to add
inciting the attack during the certification of the their names to the suit.
Electoral College count. It’s the latest legal effort to try and hold Trump
The lawmakers—all Democrats in the U.S. House of to account for the events of Jan. 6, after the Senate
Representatives—are adding their names to the lawsuit did not convict him during the former president’s
initially filed by Rep. Bennie Thompson in February. second impeachment trial. Rep. Eric Swalwell has
Lawyers with Cohen Milstein Sellers & Toll and the separately filed suit, also alleging a violation of the
NAACP are representing the members in the suit, al- Klan Act alongside other charges. And last week, two
leging Trump violated the Ku Klux Klan Act of 1871 in U.S. Capitol police officers sued Trump personally for
acting to block the certification of the election results. damages over injuries they suffered during the attack.

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