On August 17th, 2015, the US Southern District Court of Florida made a large award of legal fees and costs, against the plaintiff in the high profile case of Ranaan Katz v Irnia Chevaldina. Ranaan Katz, a Florida real estate developer and part owner of the Miami Heat basketball team, brought an action for copyright infringement against Irina Chevaldina, a blogger who used an “unflattering and embarrassing” photograph of Katz in a critical blog post. After becoming aware of Chevaldina’s use of the photograph, Katz acquired the copyright in the photograph in order to commence this action.

Chevaldina defended her use of the photograph based on the doctrine of fair use for the enumerated purpose of criticism and commentary. Katz acknowledged that he had acquired rights in the photograph in order to “stop the atrocity” of the continued publication of the unflattering image. Ultimately, this case was decided when Chavaldina was successful in a motion for summary judgment in which the court stated that the “use of the photograph was fair and no reasonable jury could find otherwise”.

On May 6th, 2015, the Court issued its report and recommendation on costs (R&R). In finding in favour of Chevaldina, the Court considered factors including the motivation, frivolity and objective unreasonableness of Katz’s claim and the need to deter plaintiffs from bringing copyright claims as a tool for stymieing free expression.

The R&R recommended that Chevaldina be awarded $152,433 and on August 17th, 2015, the Court ordered that the R&R be affirmed and adopted, and awarded Chevaldina the recommended amount. Katz’s appeal of the district court’s summary judgment based on a finding of fair use was dismissed on September 17, 2015.

E-TIPS® ISSUE

15 09 23

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