Bouchat v. Baltimore Ravens Limited Partnership

Filing 24

MEMORANDUM AND ORDER GRANTING 11 Motion of Defendant for Summary Judgment. Signed by Judge Marvin J. Garbis on 11/19/12. (hmls, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND FREDERICK E. BOUCHAT * Plaintiff * vs. * BALTIMORE RAVENS LIMITED PARTNERSHIP CIVIL ACTION NO. MJG-12-1905 * * * Defendant * * * * * * * * MEMORANDUM AND ORDER RE: FAIR USE SUMMARY JUDGMENT The Court has before it Defendants’ Motion for Summary Judgment on Fair Use [Document 11] and the materials submitted relating thereto. The Court has held a hearing and has had the benefit of the arguments of counsel. In the Decision Re: Fair Use Issues issued herewith, the Court finds that the uses at issue in the instant case, uses in what are referred to therein as “Stadium Picture Displays,” constitute fair uses within the meaning of 17 U.S.C. § 107. “[T]he fair use of a copyrighted work . . . is not an infringement of copyright.” Id. Therefore, Defendant is entitled to summary judgment. Accordingly: 1. Defendants’ Motion for Summary Judgment on Fair Use [Document 11] is GRANTED. 2. Judgment shall be entered by separate Order. SO ORDERED, on Monday, November 19, 2012. /s/________ Marvin J. Garbis United States District Judge 2

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