|INDEX OF ELLIOT McGUCKEN POSTS|
|1. 02-03-2021: BAIT AND SUE: The Dark Art of Copyright Trolling|
|2. 07-24-2022: BAIT AND SUE: Elliot McGucken wants you to steal his photos|
|3. 07-27-2022: McGucken Copyright Infringement Lawsuit Index|
|4. 07-28-2022: Shutterstock may have ripped-off McGucken’s work|
|5. 07-30-2022: McGucken goes wild with Nat Geo lawsuit|
|6. 08-02-2022: Where does Plaintiff McGucken ever collect any money from his lawsuits?|
|7. 08-03-2022: McGucken’s Death Valley Photos Stay Alive in Appellate Court|
|8. 08-06-2022: RULE 60(b) Relief from McGucken Default Judgment|
|9. 08-08-2022: McGucken’s Lawyer’s Are Happy|
Pub Ocean’s Fair Use Defense Struck Down by Ninth Circuit
Professional photographer and prolific plaintiff Dr. Elliott McGucken’s copyright infringement lawsuit over his photos of a lake formed by rain in Death Valley was revived on Wednesday by the Ninth Circuit. The court held that Pub Ocean Ltd. couldn’t invoke a fair use defense when it embedded his Instagram photographs in an article. The case now goes back down to district court in downtown Los Angeles.
The four factors that determine fair use of a copyrighted work “pointed unambiguously” in favor of McGucken, the appeals court said, so a federal judge in California incorrectly granted Pub Ocean partial summary judgment on the issue of fair use defense.
Read the full Bloomberg Law article article by paying, or read the brief here for free.
McGucken is an excellent photographer
This Ninth Circuit brief on the fair use defense contains stunning photographs by Dr. McGucken. Too bad he has to file a federal lawsuit to get paid. I sure hope that the litigious Dr. McFuckem doesn’t decide to sue me.
General Docket United States Court of Appeals for the Ninth Circuit
|Court of Appeals Docket #: 21-55854|
Nature of Suit: 3820 Copyright Infringement – Fair Use Defense
|Case Type Information: 1) civil 2) private 3) null|
|Originating Court Information: |
District: 0973-2 : 2:20-cv-01923-RGK-AS
Trial Judge: R. Gary Klausner, District Judge
Date Filed: 02/27/2020
Date Order/Judgment EOD:
Date NOA Filed:
Date Rec’d COA: 07/27/2021 07/27/2021 08/10/2021 08/10/2021
Elliot McGucken v Pub Ocean Ltd.
|02/02/2022 20 Submitted (ECF) Reply Brief for review. Submitted by Appellant Elliot McGucken. Date of service: 02/02/2022.  [21-55854] (Burroughs, Scott) [Entered: 02/02/2022 06:57 PM]|
02/03/2022 21 Filed clerk order: The reply brief  submitted by Elliot McGucken is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk.  (KT) [Entered: 02/03/2022 08:15 AM]02/07/2022 22 Received 6 paper copies of Reply Brief  filed by Elliot McGucken.
At oral argument in Pasadena, California on Friday, May 13, 2022, the parties are ordered to be prepared to discuss the following fair use defense issues: 1) Whether and to what extent Pub Ocean Limited’s article treated McGucken’s photos as the news story. See Monge v. Maya Mags., Inc., 688 F.3d 1164, 1175 n.8 (9th Cir. 2012) (explaining that “news reporters would have a better claim of transformation … where the content of the work is the story” (emphasis in original)); L.A. News Serv. v. KCAL-TV Channel 9, 108 F.3d 1119, 1121 (9th Cir. 1997) (“To the extent that KCAL ran the tape as a news story, this would weigh in its favor.”). 2) Whether this argument has been waived.  (WL) [Entered: 04/29/2022 04:39 PM]05/13/2022 27 ARGUED AND SUBMITTED TO SANDRA S. IKUTA, JACQUELINE H. NGUYEN and JOHN B. OWENS.  (BG) [Entered: 05/13/2022 11:59 AM]05/18/2022 28 Filed Audio recording of oral argument.
Note: Video recordings of public argument calendars are available on the Court’s website, at http://www.ca9.uscourts.gov/media/
 (BG) [Entered: 05/18/2022 08:12 AM]