Photographer's Copyright Claim Dismissed Over Fair Use of Political Portrait

A federal court has dismissed a copyright infringement lawsuit filed by Jesse Korman, the official campaign photographer for Representative Alexandria Ocasio-Cortez, against The Washington Free Beacon. Korman, who created a defining portrait of Ocasio-Cortez during her 2018 congressional campaign, alleged that the news outlet unlawfully used a cropped version of his photograph in a 2021 article about her vehicle being parked illegally outside a Washington, D.C. grocery store. The article combined Korman's portrait with an image of her Tesla to critique what it described as hypocritical behavior. In 2025, Korman sought $15,000 in damages, claiming the use harmed the commercial value of his work. However, Judge Leonie M. Brinkema of the Eastern District of Virginia ruled that the website's application of the image constituted fair use, as it was transformative in nature. The judge compared the case to Andy Warhol's Campbell's Soup Cans series, noting that Warhol repurposed a copyrighted logo for artistic commentary on consumerism, just as The Washington Free Beacon repurposed the photograph for political criticism. Brinkema emphasized that the original intent of Korman's portrait was to portray Ocasio-Cortez positively for her campaign, whereas the outlet used it to highlight perceived elitism. The judge argued that requiring journalists to obtain permission or pay royalties for such uses would impede free speech and hinder political reporting. Korman had previously settled a similar lawsuit with Fox News in 2020. The ruling underscores the legal boundaries between copyright protection and journalistic commentary involving public figures.