forbes

A new court test of fair use on the Internet appears likely due to a lawsuit filed June 7 by photographer Kai Eiselein against BuzzFeed. Eiselein, who is demanding damages that could total over $3.6 million, claims that BuzzFeed infringed his copyright in a photograph he posted on Flickr in 2009 showing a soccer player heading a ball. According to Eiselein, BuzzFeed included the photo without his consent in a collection titled “The 30 Funniest Header Faces” published in June 2010. After he sent BuzzFeed a takedown notice in May 2011, the company removed the photo and renamed the collection “The 29 Funniest Header Faces.” By that time, however, Eiselein alleges that the set of images including his photo had spread virally from BuzzFeed to dozens of other websites. Eiselein asserts that BuzzFeed is liable for contributory infringement for the photo’s use on those sites—and on sites that published it after…