The Metropolitan Museum of Art’s use of a photograph of guitarist Eddie Van Halen playing his “Frankenstein” guitar in an exhibition of rock n’ roll instruments constitutes a “fair use” of the photo and is not an infringement of the photographer’s copyright, the Second Circuit Court of Appeals has held. The Met used the photo originally made by Lawrence Marano in 1982. Marano sued in July 2020, but the case was dismissed by a federal District Court as a fair use of the photo. The Court of Appeals has affirmed. The Court recited the four nonexclusive factors utilized by the courts to determine whether a use is permitted as a “fair use” of the copyrighted material. They include (1) the...