AOC’s photographer had his lawsuit dismissed after claiming a website used his image in coverage of the Congresswoman's illegal parking.
AOC’s photographer sued The Washington Free Beacon for using a cutout of his portrait in articles about her illegal parking | Image viaDemocratic Rep. Alexandria Ocasio-Cortez’s official campaign photographer had his lawsuit dismissed after claiming a news website infringed his copyright by using a cutout of his portrait in coverage of the congresswoman’s illegal parking.
Jesse Korman served as the political campaign photographer for AOC during her successful run for Congress in 2018. During this time, Korman shot the campaign’s defining portrait of AOC, which depicted her gazing past the camera.— an American political journalism website which identifies itself as conservative — used a cutout of Korman’s campaign portrait of AOC against a photo of her white Tesla illegally parked near the grocery store. Four years later, in 2025, Korman filed a copyright infringement lawsuit against the website, arguing that his use of the photograph had substantially damaged the market for his image.use of the image, taken by photographer Jesse Korman, was transformative and protected by the doctrine of fair use.In her opinion, Brinkema says the news outlet didn’t use the photo for the same purpose it was originally taken, and compared the usage to Andy Warhol’swas using it to criticize her. According to the judge, because of that shift in purpose — similar to how Andy Warhol repurposed a soup logo for commentary in his art in the 1960s — the website’s usage was “plainly transformative.”was not using the image of AOC to depict AOC, nor was it using the photograph to portray AOC in a positive light or to facilitate her political campaign. Rather,used the photograph as part of its criticism of AOC’s politics, focusing on the hypocrisy of claiming to be one of the common folk but actually being an elitist,” Brinkema writes. “In this sense,use of Korman’s photograph most closely follows the Campbell’s soup hypothetical discussed in Warhol.” “In the 1960s, Warhol produced the series of paintings shown below depicting Campbell’s soup cans. As the Warhol Court explained, although Warhol’s artwork replicates a copyrighted logo, his use of the copyrighted material did ‘not supersede the objects of the advertising logo’ because ‘he purpose of Campbell’s logo to advertise soup,’ whereas ‘Warhol’s canvases … use Campbell’s copyrighted work for an artistic commentary on consumerism, a purpose that is orthogonal to advertising soup.’”In her opinion, Brinkema argues that the news outlet’s reporting, which uses photographs to criticize public figures, is a clear example of legitimate political commentary. The judge says that requiring journalists to ask permission or pay to use such photos would undermine free speech and make it harder to report and critique people in power.articles and accompanying images are paradigmatic examples of social commentary and political criticism,” Brinkema writes. “Imposing a requirement on journalists to receive permission from, and pay royalties to, copyright holders to use their photographs as part of political criticism regarding the public figures depicted would frustrate the balance Congress struck between robust copyright protections and the free flow of ideas.” Korman previously sued Fox News Network LLC for infringing his copyright by reproducing and “publicly displaying” his photo of AOC during a television broadcast. In 2020, the news network
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