Rock History and Copyright: The Show Goes On

Veteran rock photographer, Neil Zlozower, reportedly sued the Rock & Roll Hall of Fame for allegedly using his copyrighted images of Eddie Van Halen in its museum exhibits without his permission and without providing appropriate photo credits in the displays.

The United States District Court ruled that the fair use doctrine protected the museum’s use of the photo. In the United States, the fair use doctrine provides legal protection where copyrighted material is used for a “transformative” purpose – i.e., it has been altered for comment, criticism, or parody. Although the museum reproduced the photographs almost exactly, the judge found that their new use was transformative, as the images served a fundamentally different purpose.

Zlozower’s original photograph was initially used to promote Van Halen and display the band’s fun-loving nature. However, the purpose of the museum’s use of the photo was to educate the public about the history of rock and roll and to demonstrate Van Halen’s influence in the industry. By situating the images within curated historical exhibits, the museum effectively converted the photographs from commercial promotional material into cultural and historical artifacts. As a result, the museum’s display of the photographs was deemed fair use.

This decision underscores the fair use doctrine's defensive capabilities. Even where copyrighted works are copied exactly, the court’s decision reinforces that the underlying purpose may guide its analysis.