The United States District Court for the Southern District of New York recently dismissed a claim of copyright infringement against Mic Network, Inc. over its use of a partial screenshot of a New York Post article in a subsequent publication. The screenshot featured a photograph of a man in a bar, with the caption “Why I won’t date hot women anymore” on one side and a selection of the article’s text on the other. The Court found Mic’s use of the screenshot was protected by the fair use defense.
The case arose when photographer Stephen Yang sued Mic for copyright infringement over Mic’s use of the photograph Yang licensed to the New York Post for its April 2017 article, which recounted the dating experience of a man living in New York. The article created a great deal of buzz on social media and provoked heated debate and substantial criticism because of its provocative content.
In response to this debate, Mic published its own article, “Twitter is skewering the ‘New York Post’ for a piece on why a man ‘won’t date hot women,‘” which featured the screenshot, including a portion of Yang’s photograph. Yang sued for copyright infringement over Mic’s use of his photograph. Mic responded with a motion to dismiss Yang’s claim on the grounds its use of the photograph was protected by the fair use doctrine. (As evidenced by its title, Mic’s article discussed and added to the criticism surrounding the original article.)