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FITZGERALD v. CBS BROADCASTING, INC.

Civil Action Nos. 04cv12138-NG, 06cv11302-NG.

491 F.Supp.2d 177 (2007)

Christopher FITZGERALD, Plaintiff, v. CBS BROADCASTING, INC., Defendant. Christopher Fitzgerald, Plaintiff, v. CBS Broadcasting, Inc., Defendant.

United States District Court, D. Massachusetts.

June 22, 2007.

Attorney(s) appearing for the Case

Andrew D. Epstein, Barker, Epstein & Loscocco, Boston, MA, for Plaintiff.

Jonathan M. Albano, Bingham McCutchen LLP, Boston, MA, for Defendant.

MEMORANDUM & ORDER RE: SUMMARY JUDGMENT

GERTNER, District Judge.

I. INTRODUCTION

Christopher Fitzgerald ("Fitzgerald"), a freelance photographer, brings this copyright action (04-12138) against CBS Broadcasting, Inc. ("CBS") for its unauthorized broadcast of photographs he took of Stephen "the Rifleman" Flemmi. CBS argues that its broadcast of the photographs was fair use.

Fitzgerald has also brought a second, nearly...

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