Photographer Loses Lawsuit After Museum’s Use of His Image Is Ruled Fair Use

A veteran music photographer has lost his lawsuit with the Rock and Roll Hall of Fame over the museum’s “nearly exact” copy of his image of the band Van Halen.

Neil Zlozower — a renowned photographer known for capturing artists such as The Rolling Stones, Michael Jackson, and Bruce Springsteen — sued the Cleveland-based museum in October 2024. He alleged that the Rock and Roll Hall of Fame used his copyrighted black-and-white photograph of Van Halen in the recording studio in the late 1970s as part of an eight-foot-tall display about famous guitars.

Zlozower claimed the museum neither licensed the photo nor provided credit or a source when exhibiting the image of the band in the exhibit about guitars.

However, according to a report by Billboard, Judge Christopher A. Boyko ruled that although the Rock and Roll Hall of Fame made a “nearly exact” copy of a portion of Zlozower’s photograph, it qualified as “fair use” under copyright law. While the federal judge agreed with Zlozower’s argument, he found that the image had been used for a purpose that was different from the original.

In his decision on Monday, Judge Boyko stated that Zlozower’s original photograph was intended “to promote” Van Halen and highlight “the band’s fun-loving nature,” while the museum’s display sought to illustrate the importance of Eddie Van Halen’s guitar in “the history of rock and roll.”

“Looking at plaintiff’s photographs and defendant’s exhibit side-by-side and in light of copyright law, the court finds that defendant’s use adds new meaning and is transformative,” Boyko writes, according to Billboard’s report. “This is true although the copying is nearly exact.”

The federal judge adds: “The court concludes that defendant’s use of plaintiff’s copyrighted photographs is fair use.”

Judge Boyko’s ruling supported the Rock and Roll Hall of Fame’s argument that it had “transformed” Zlozower’s work from a promotional band photo into a “historical artifact to underscore the importance of Eddie Van Halen’s musical instruments.” The museum says its use of the image was part of a broader effort to “educate the public about the history of rock and roll music.”

Image credits: Header photo licensed via Depositphotos.