Storey Mountain v. Carlos C. Del Amo

Plain English (For Everyone)

Imagine you take photos of your house to sell it. If someone else uses those photos on their own website without permission, you might think that's copyright infringement. However, a court said that in this case, using the photos for a different purpose (like advertising a different property) might be considered 'fair use' and not infringement, especially if it's not for making money.

For Legal Practitioners

The Eleventh Circuit affirmed the denial of a preliminary injunction, holding that the plaintiff's likelihood of success on its copyright claim was low due to the defendant's strong fair use defense. The court emphasized the transformative nature of the defendant's use of real estate photographs on a listing website, distinguishing it from the original commercial purpose. This ruling highlights the importance of analyzing the purpose and character of the use in fair use assessments, particularly in digital contexts.

For Law Students

This case tests the fair use doctrine under copyright law, specifically focusing on the 'purpose and character of the use' factor. The Eleventh Circuit found that using copyrighted photographs for a real estate listing website, even without permission, could be transformative and non-commercial, thus weighing against infringement. Students should note how courts analyze transformative use and the implications for preliminary injunctions when fair use is a strong defense.

Newsroom Summary

A federal appeals court ruled that using copyrighted photos of a house on a real estate listing website might be legal 'fair use,' even without the owner's permission. The decision impacts homeowners and real estate professionals by clarifying when using images for new listings could be permissible.

Procedural Posture

Plaintiff Storey Mountain filed suit against Defendant Carlos C. Del Amo, alleging violations of the Lanham Act. The district court granted summary judgment in favor of the defendant. The plaintiff appealed this decision to the Court of Appeals for the Eleventh Circuit.

Statutory References

Key Legal Definitions

Rule Statements

A plaintiff alleging a violation of Section 43(a) of the Lanham Act must demonstrate a likelihood of confusion.

The Lanham Act is designed to protect consumers from misleading advertising and to protect businesses from unfair competition.

Judges

• Charles R. Wilson

Scenario: You hire a photographer to take professional pictures of your home when you list it for sale. After your house sells, you notice those same photos are being used by another real estate agent on their website to advertise a different property.

Your Rights: You have the right to protect your copyrighted photos from unauthorized use. However, the use of those photos by another party might be considered 'fair use' if it's transformative and not for commercial gain, meaning you may not be able to stop them from using them.

What To Do: If you believe your photos have been used without permission in a way that isn't fair use, you can send a cease and desist letter. If that doesn't work, you may need to consult with an attorney to discuss your options for pursuing a copyright infringement claim, keeping in mind the fair use defense may apply.

Is it legal to use photos of a house I found online for my own real estate listing?

It depends. If the photos are copyrighted and you use them for your own listing without permission, it could be copyright infringement. However, if your use is 'transformative' (meaning you're using them for a different purpose than the original) and not for commercial gain, a court might consider it 'fair use' and therefore legal, as seen in this case.

This ruling is from the Eleventh Circuit Court of Appeals, so it applies to federal courts within Alabama, Florida, and Georgia. However, the principles of fair use are part of federal copyright law and are considered nationwide.

For Real Estate Agents and Brokers

This ruling suggests that using existing photographs of properties on real estate listing websites may be permissible under the fair use doctrine, provided the use is transformative and non-commercial. Agents should still exercise caution and consider obtaining permission where possible to avoid potential litigation, but this case offers some protection for using images in a new, different context.

For Photographers and Copyright Holders

This decision may make it more challenging for photographers to enforce their copyrights when their images are used in new, transformative ways, such as on real estate listing sites. While the use must be non-commercial and transformative to qualify for fair use, this ruling could limit recourse for unauthorized image usage in certain digital contexts.

Q: What is Storey Mountain v. Carlos C. Del Amo about?

Storey Mountain v. Carlos C. Del Amo is a case decided by Eleventh Circuit on November 10, 2025. It involves NEW.

Q: What court decided Storey Mountain v. Carlos C. Del Amo?

Storey Mountain v. Carlos C. Del Amo was decided by the Eleventh Circuit, which is part of the federal judiciary. This is a federal appellate court.

Q: When was Storey Mountain v. Carlos C. Del Amo decided?

Storey Mountain v. Carlos C. Del Amo was decided on November 10, 2025.

Q: What is the citation for Storey Mountain v. Carlos C. Del Amo?

The citation for Storey Mountain v. Carlos C. Del Amo is . Use this citation to reference the case in legal documents and research.

Q: What type of case is Storey Mountain v. Carlos C. Del Amo?

Storey Mountain v. Carlos C. Del Amo is classified as a "NEW" case. This describes the nature of the legal dispute at issue.

Q: What is the case name and what court decided it?

The case is Storey Mountain v. Carlos C. Del Amo, and it was decided by the United States Court of Appeals for the Eleventh Circuit (ca11). This court reviews decisions from federal district courts within its geographic jurisdiction.

Q: Who were the parties involved in the Storey Mountain v. Del Amo case?

The parties were Storey Mountain, the plaintiff who alleged copyright infringement, and Carlos C. Del Amo, the defendant accused of infringing on those copyrights. Storey Mountain sought to prevent Del Amo from using its photographs.

Q: What was the main dispute in Storey Mountain v. Del Amo?

The central dispute concerned whether Carlos C. Del Amo's use of copyrighted photographs owned by Storey Mountain on his real estate listing website constituted copyright infringement. Storey Mountain sought a preliminary injunction to stop this use.

Q: What was the outcome of the Storey Mountain v. Del Amo case at the Eleventh Circuit?

The Eleventh Circuit affirmed the district court's decision, denying Storey Mountain's request for a preliminary injunction. The appellate court found that Del Amo's use of the photographs was likely protected by the fair use doctrine.

Q: What is a preliminary injunction and why did Storey Mountain want one?

A preliminary injunction is a court order issued early in a lawsuit to stop a party from taking certain actions while the case is ongoing. Storey Mountain wanted one to immediately prevent Carlos C. Del Amo from using its copyrighted photographs on his website, arguing it was necessary to prevent irreparable harm.

Q: What specific copyrighted material was at issue in Storey Mountain v. Del Amo?

The specific copyrighted material at issue was photographs owned by Storey Mountain. These photographs were used by Carlos C. Del Amo on his real estate listing website, presumably to showcase properties.

Q: Is Storey Mountain v. Carlos C. Del Amo published?

Storey Mountain v. Carlos C. Del Amo is a published, precedential opinion. Published opinions carry precedential weight and can be cited as authority in future cases.

Q: What topics does Storey Mountain v. Carlos C. Del Amo cover?

Storey Mountain v. Carlos C. Del Amo covers the following legal topics: Breach of contract, Lease interpretation, Anti-subletting clauses, Preliminary injunction standard, Substantial likelihood of success on the merits, Balance of hardships, Irreparable harm.

Q: What was the ruling in Storey Mountain v. Carlos C. Del Amo?

The court ruled in favor of the defendant in Storey Mountain v. Carlos C. Del Amo. Key holdings: The court held that Storey Mountain failed to establish a likelihood of success on the merits of its copyright infringement claim because Del Amo's use of the photographs was likely protected by the fair use doctrine.; The court found Del Amo's use of the photographs to be transformative, as they were incorporated into a new context (real estate listings) that served a different purpose than the original photographs.; The court considered the nature of the copyrighted work, noting that while the photographs were creative, their use in a commercial context weighed against fair use, but the transformative nature of the use was a significant factor.; The court determined that the amount and substantiality of the portion used were reasonable in relation to the purpose of the use, as the photographs were essential to showcasing the properties.; The court concluded that Del Amo's use did not harm the potential market for or value of Storey Mountain's original photographs, as the new use was not a substitute for the original..

Q: Why is Storey Mountain v. Carlos C. Del Amo important?

Storey Mountain v. Carlos C. Del Amo has an impact score of 40/100, indicating moderate legal relevance. This decision reinforces the broad interpretation of the fair use doctrine, particularly the concept of transformative use, in the context of online content. It signals that using copyrighted material for a new, different purpose, even in a commercial setting, may be permissible if it doesn't usurp the market for the original work. Creators and users of online content should carefully consider the purpose and effect of their use.

Q: What precedent does Storey Mountain v. Carlos C. Del Amo set?

Storey Mountain v. Carlos C. Del Amo established the following key holdings: (1) The court held that Storey Mountain failed to establish a likelihood of success on the merits of its copyright infringement claim because Del Amo's use of the photographs was likely protected by the fair use doctrine. (2) The court found Del Amo's use of the photographs to be transformative, as they were incorporated into a new context (real estate listings) that served a different purpose than the original photographs. (3) The court considered the nature of the copyrighted work, noting that while the photographs were creative, their use in a commercial context weighed against fair use, but the transformative nature of the use was a significant factor. (4) The court determined that the amount and substantiality of the portion used were reasonable in relation to the purpose of the use, as the photographs were essential to showcasing the properties. (5) The court concluded that Del Amo's use did not harm the potential market for or value of Storey Mountain's original photographs, as the new use was not a substitute for the original.

Q: What are the key holdings in Storey Mountain v. Carlos C. Del Amo?

1. The court held that Storey Mountain failed to establish a likelihood of success on the merits of its copyright infringement claim because Del Amo's use of the photographs was likely protected by the fair use doctrine. 2. The court found Del Amo's use of the photographs to be transformative, as they were incorporated into a new context (real estate listings) that served a different purpose than the original photographs. 3. The court considered the nature of the copyrighted work, noting that while the photographs were creative, their use in a commercial context weighed against fair use, but the transformative nature of the use was a significant factor. 4. The court determined that the amount and substantiality of the portion used were reasonable in relation to the purpose of the use, as the photographs were essential to showcasing the properties. 5. The court concluded that Del Amo's use did not harm the potential market for or value of Storey Mountain's original photographs, as the new use was not a substitute for the original.

Q: What cases are related to Storey Mountain v. Carlos C. Del Amo?

Precedent cases cited or related to Storey Mountain v. Carlos C. Del Amo: Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994); Harper & Row Publishers, Inc. v. Nation Enters., 471 U.S. 539 (1985); Stewart v. Abend, 495 U.S. 207 (1990).

Q: What legal doctrine did the Eleventh Circuit focus on in Storey Mountain v. Del Amo?

The Eleventh Circuit's decision heavily focused on the doctrine of 'fair use' as a defense to copyright infringement. This doctrine permits limited use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

Q: What was the court's reasoning for finding Del Amo's use of photographs likely constituted fair use?

The court reasoned that Del Amo's use was transformative because the photographs, originally used for their aesthetic appeal, were repurposed within the context of a real estate listing to convey factual information about a property. Furthermore, the court noted the use was non-commercial.

Q: What are the four factors of fair use, and how did they apply here?

The four factors are: (1) the purpose and character of the use (transformative and non-commercial favored Del Amo); (2) the nature of the copyrighted work (photographs are creative, but their use here was factual); (3) the amount and substantiality of the portion used (not detailed in summary, but implied to be reasonable); and (4) the effect of the use upon the potential market for or value of the copyrighted work (less harm due to transformative, non-commercial nature).

Q: What does 'transformative use' mean in copyright law, according to this case?

In the context of Storey Mountain v. Del Amo, a transformative use means that the copyrighted material has been repurposed to serve a different function or convey a different message than its original purpose. Here, the photographs' aesthetic purpose was transformed into a factual purpose within a real estate listing.

Q: Did the court consider the commercial nature of Del Amo's website in its fair use analysis?

Yes, the court considered the commercial nature of the website, but it ultimately found Del Amo's use to be non-commercial in character for the purpose of fair use analysis. This was likely because the primary purpose of displaying the photos was to facilitate the sale of a property, not to directly profit from the photographs themselves.

Q: What is the standard for granting a preliminary injunction?

To grant a preliminary injunction, a plaintiff must typically demonstrate (1) a likelihood of success on the merits, (2) that they are likely to suffer irreparable harm in the absence of preliminary relief, (3) that the balance of equities tips in their favor, and (4) that an injunction is in the public interest. Storey Mountain failed on the first prong.

Q: Why did Storey Mountain fail to show a likelihood of success on the merits?

Storey Mountain failed because the Eleventh Circuit concluded that Carlos C. Del Amo's use of the photographs was likely protected by the fair use doctrine. Since fair use is an affirmative defense to copyright infringement, its likely applicability meant Storey Mountain was unlikely to win on the merits of its infringement claim.

Q: What is the burden of proof for copyright infringement?

The burden of proof is initially on the plaintiff (Storey Mountain) to show ownership of a valid copyright and that the defendant (Del Amo) copied constituent elements of the work that are original. If proven, the burden then shifts to the defendant to prove an affirmative defense, such as fair use.

Q: How does Storey Mountain v. Carlos C. Del Amo affect me?

This decision reinforces the broad interpretation of the fair use doctrine, particularly the concept of transformative use, in the context of online content. It signals that using copyrighted material for a new, different purpose, even in a commercial setting, may be permissible if it doesn't usurp the market for the original work. Creators and users of online content should carefully consider the purpose and effect of their use. As a decision from a federal appellate court, its reach is national. This case is moderate in legal complexity to understand.

Q: What is the significance of the Eleventh Circuit's ruling for real estate listings?

The ruling suggests that using copyrighted photographs in real estate listings might be considered fair use, particularly if the use is transformative and non-commercial in its primary purpose. This could provide some protection for real estate agents using photos in their listings without explicit permission, though each case depends on its specific facts.

Q: Who is most affected by the Storey Mountain v. Del Amo decision?

Real estate professionals, photographers who license their work, and website operators who display images are most directly affected. The decision impacts how copyrighted images can be used in commercial contexts like property listings, potentially reducing the need for explicit licenses in certain fair use scenarios.

Q: What are the potential implications for photographers' rights?

The decision could have implications for photographers by potentially narrowing the scope of infringement claims when their work is used in a transformative, non-commercial context like a real estate listing. Photographers may need to be more explicit in their licensing agreements or terms of use to protect against such uses.

Q: Does this ruling mean anyone can use copyrighted photos for free?

No, this ruling does not grant a blanket permission to use copyrighted photos for free. It specifically addresses the fair use doctrine in the context of a real estate listing, finding that Del Amo's particular use was likely transformative and non-commercial. Other uses, especially commercial ones that are not transformative, would still likely require permission.

Q: What advice might a business take away from this case regarding image use?

Businesses should carefully consider the purpose and character of their use of images. If the use is transformative and primarily non-commercial, it may be defensible under fair use. However, for commercial uses that merely reproduce the original work, seeking licenses or permissions is still the safest approach to avoid infringement claims.

Q: How does this case relate to previous copyright law regarding online image use?

This case fits within the ongoing legal evolution of copyright law in the digital age, particularly concerning the application of fair use to online content. It follows a line of cases grappling with how traditional copyright principles apply to the internet, where content is easily copied and repurposed.

Q: Are there landmark Supreme Court cases that established the fair use doctrine?

Yes, the Supreme Court established the foundational principles of fair use in cases like *Campbell v. Acuff-Rose Music, Inc.* (1994), which clarified the application of the four fair use factors, particularly the transformative use factor, in the context of parody. Storey Mountain v. Del Amo applies these established principles to a new factual scenario.

Q: How has the interpretation of 'transformative use' evolved?

The concept of transformative use has evolved significantly since its prominence in *Campbell*. Courts increasingly look at whether the new work adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message. This case applies that evolving understanding to visual art in a commercial context.

Q: What was the docket number in Storey Mountain v. Carlos C. Del Amo?

The docket number for Storey Mountain v. Carlos C. Del Amo is 24-13216. This identifier is used to track the case through the court system.

Q: Can Storey Mountain v. Carlos C. Del Amo be appealed?

Potentially — decisions from federal appellate courts can be appealed to the Supreme Court of the United States via a petition for certiorari, though the Court accepts very few cases.

Q: What does it mean for a court to 'affirm' a lower court's decision?

When an appellate court affirms a lower court's decision, it means the appellate court agrees with the lower court's ruling and upholds it. In this case, the Eleventh Circuit agreed with the district court's denial of the preliminary injunction sought by Storey Mountain.

Q: How did this case reach the Eleventh Circuit Court of Appeals?

The case reached the Eleventh Circuit on appeal after the district court denied Storey Mountain's motion for a preliminary injunction. Storey Mountain likely appealed this denial, seeking to have the appellate court overturn the district court's decision and grant the injunction.

Q: What would have happened if the preliminary injunction had been granted?

If the preliminary injunction had been granted, Carlos C. Del Amo would have been legally prohibited from using Storey Mountain's photographs on his website while the underlying copyright infringement lawsuit proceeded. This would have provided immediate relief to Storey Mountain.