An Economic Analysis of the Fair Use Defense in Leibovitz v. Paramount Pictures Corporation

Abstract

In Leibovitz v. Paramount Pictures Corp., the Court of Appeals for the Second Circuit determined whether the use of a copyrighted photograph of pregnant actress Demi Moore constituted fair use.3 The plaintiff, Annie Leibovitz, is a well-known photographer whose works often depict celebrities in uncommon poses. One of her most recognized works appeared on the cover of the August 1991 issue of the monthly magazine, Vanity Fair. The work depicted the nude, preg-