1998 U.S. Dist. Preliminary injunction issues barring Web site operator from making available on its Web site still images from plaintiff's home sex video. The court also held that the nature of the Internet market for adult materials is such that even the display of brief still images from the tape would harm the market for the copyrighted work, thus precluding a finding of fair use. Action alleging violation of California Right of Publicity statute arising from unauthorized posting of fashion models' photos to CompuServe's photo library. Although Right of Publicity is expressly a commercial right, plaintiffs allege that making their photos available for downloading by CompuServe subscribers, who pay CompuServe by the minute for access, constituted a commercial use of the photos.
Action also alleges violation of privacy.
Summary judgment and permanent injunction issued against operators of web site containing Three Stooges images and offering Three Stooges merchandise without license or authorization from owners of Three Stooges' commercial rights. All rights reserved.