A federal judge has dismissed a lawsuit claiming the Rock & Roll Hall of Fame unlawfully used a copyrighted image of Eddie Van Halen in one of its museum exhibits.
The case, filed by veteran rock photographer Neil Zlozower, alleged that the Hall used one of his black-and-white photos of Van Halen from the late 1970s without permission or credit. However, Judge Christopher A. Boyko ruled that the museum’s use of the image constituted legal “fair use.”
According to the judge, as translated by Billboard, while the museum used a “nearly exact” copy of a portion of the photo, it was done for a completely different purpose. “The court concludes that defendant’s use of plaintiff’s copyrighted photographs is fair use,” Boyko wrote in his decision.
Zlozower, who has photographed legendary artists including Led Zeppelin, The Rolling Stones, and Bruce Springsteen, claimed the Rock Hall should have obtained a license to display the photo. He also accused the Cleveland-based institution of failing to include credit or citation when it used the image in an eight-foot-tall installation highlighting Eddie Van Halen’s guitars.
This lawsuit is one of many Zlozower has filed in recent years. Since 2016, he has brought nearly 60 copyright infringement cases involving his photos of artists such as Elvis Costello, Guns N’ Roses, and Mötley Crüe.
In response to the lawsuit, the Rock & Roll Hall of Fame argued in January that its use of the image was protected as fair use because it was “part of a broader effort to educate the public about the history of rock and roll music.” The museum maintained that it had “transformed” Zlozower’s photograph from a promotional band image into a “historical artifact to underscore the importance of Eddie Van Halen’s musical instruments.”
Judge Boyko ultimately sided with that interpretation. He noted that while Zlozower’s original photo was meant “to promote” Van Halen and “emphasize the band’s fun-loving nature,” the Hall’s version aimed to highlight the influence of Eddie Van Halen’s guitar within “the history of rock and roll.”
“Looking at plaintiff’s photographs and defendant’s exhibit side-by-side and in light of copyright law, the court finds that defendant’s use adds new meaning and is transformative,” the judge explained. “This is true although the copying is nearly exact.”
As of Monday (November 10), neither Zlozower nor representatives for the Rock & Roll Hall of Fame had issued any further comments on the ruling.
