Amyl and the Sniffers Singer Amy Taylor Loses Federal…
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Amyl and the Sniffers Singer Amy Taylor Loses Federal Claim in Lawsuit — Dismissed With Prejudice as Judge Rules in Photographer Jamie Nelson’s Favor
Contradicting an April claim from Amy Taylor’s team of a “near-complete victory,” a federal judge has now dismissed Taylor’s sole federal claim against photographer Jamie Nelson with prejudice, meaning Taylor cannot amend and bring that same claim again in this case.
Five months after the April headlines, U.S. District Judge George H. Wu dismissed Taylor’s federal claim and treated Nelson’s use of the photographs as expressive work protected under the First Amendment.
Amyl and the Sniffers also attempted to get out of Nelson’s copyright counterclaims by challenging U.S. jurisdiction, arguing that its U.S. business contacts were insufficient despite heavy U.S. touring. The judge rejected that argument, and the company remains a party in the U.S. federal case.
The case is still ongoing, but the latest ruling represents a significant win for Nelson and could make the dispute an important case for photographers and other creators.
Throughout the litigation, photographers and artists have raised concerns about the broader implications of attempts to restrict a copyright owner’s ability to use, exhibit and monetize their own work.
If Taylor ultimately succeeded in limiting Nelson’s use of photographs Nelson created and owns the copyright to, creators have questioned what that could mean for their ability to control their work, exercise their copyright rights and earn a livelihood from their intellectual property.
The remaining state-law claims and Nelson’s copyright counterclaims have not yet been finally decided.
#hobby
Contradicting an April claim from Amy Taylor’s team of a “near-complete victory,” a federal judge has now dismissed Taylor’s sole federal claim against photographer Jamie Nelson with prejudice, meaning Taylor cannot amend and bring that same claim again in this case.
Five months after the April headlines, U.S. District Judge George H. Wu dismissed Taylor’s federal claim and treated Nelson’s use of the photographs as expressive work protected under the First Amendment.
Amyl and the Sniffers also attempted to get out of Nelson’s copyright counterclaims by challenging U.S. jurisdiction, arguing that its U.S. business contacts were insufficient despite heavy U.S. touring. The judge rejected that argument, and the company remains a party in the U.S. federal case.
The case is still ongoing, but the latest ruling represents a significant win for Nelson and could make the dispute an important case for photographers and other creators.
Throughout the litigation, photographers and artists have raised concerns about the broader implications of attempts to restrict a copyright owner’s ability to use, exhibit and monetize their own work.
If Taylor ultimately succeeded in limiting Nelson’s use of photographs Nelson created and owns the copyright to, creators have questioned what that could mean for their ability to control their work, exercise their copyright rights and earn a livelihood from their intellectual property.
The remaining state-law claims and Nelson’s copyright counterclaims have not yet been finally decided.
#hobby
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