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Los Angeles News Service v. CBS Broadcasting, 2002 (DECISION FOR USER)

CourtTV used a small excerpt of the same footage of Reginald Denny—images of Damien Williams throwing a brick at Denny’s head—in on-air teaser spots promoting coverage of the assailants’ trial. It also incorporated the same images briefly in the introductory montage for the program “Prime Time Justice.” Federal appeals court ruled for CBS and Court TV, arguing that such short uses would not hurt Los Angeles News Service’s business and that, in the second case, the use to which it was put was different than the original purpose. It included “the element of creativity beyond mere publication, and it serves some purpose beyond newsworthiness.”

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