[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 14-14525 Non-Argument Calendar ________________________

D.C. Docket No. 1:12-cv-22211-JLK

RAANAN KATZ, an individual,

Plaintiff - Appellant,

versus GOOGLE INC., a Delaware corporation,

Defendant, IRINA CHEVALDINA, an individual,

Defendant - Appellee.

________________________

Appeal from the United States District Court for the Southern District of Florida ________________________

(September 17, 2015) Case: 14-14525 Date Filed: 09/17/2015 Page: 2 of 12

Before TJOFLAT, WILSON and BLACK, Circuit Judges. PER CURIAM:

Raanan Katz holds the copyright to a candid photograph (the Photo) of himself in which his tongue protrudes askew from his mouth. Katz considers the Photo unflattering and embarrassing.1 Irina Chevaldina copied the Photo into several scathing blog posts she wrote about Katz and his business practices. Katz appeals the district court’s grant of summary judgment to Chevaldina on his copyright infringement claims, brought pursuant to 17 U.S.C. § 501. Katz argues the district court erred in finding Chevaldina was entitled to summary judgment based on her affirmative defense that her use of the Photo constituted fair use under 17 U.S.C. § 107. Upon review, we affirm.

I. BACKGROUND

Katz is a minority investor in the Miami Heat basketball team and a commercial real estate tycoon who owns and operates shopping centers through corporate entities collectively known as RK Centers. In February 2011, Seffi Magriso, a professional photographer, took a photograph of Katz while Katz was standing courtside at a basketball practice in Jerusalem. The Photo is a candid headshot of Katz in which his eyebrows are arched sharply upwards and his tongue

1 We make no independent determination as to whether the Photo is unflattering or embarrassing. Construing the evidence in the light most favorable to Katz for the purposes of summary judgment, however, we accept Katz’s own characterizations of the Photo as aesthetically displeasing. 2 Case: 14-14525 Date Filed: 09/17/2015 Page: 3 of 12

is sticking out of his mouth. In Katz’s opinion, the Photo is “ugly,” “embarrassing,” and “compromising.” Haaretz, an Israeli newspaper, published the Photo online in an article about Katz’s interest in buying the Hapoel Jerusalem basketball team.

Chevaldina is a disgruntled former tenant in one of Katz’s shopping centers. She found the Photo through a Google image search. Chevaldina created a blog devoted to sharply criticizing Katz and the business practices of RK Centers. From May 3, 2011, to September 24, 2012, Chevaldina published 25 blog posts that reproduced the Photo and criticized Katz. Chevaldina reproduced the Photo in her blog posts in three ways: (1) copied in its unaltered, original state; (2) accompanied by sharply worded captions; or (3) cropped and pasted into mocking cartoons. For example, in a September 18, 2011 blog post where the Photo was copied in its unaltered, original state, Chevaldina lambasted Katz for allegedly ripping off a “young American Jewish single mother of [a] special needs child,” calling him “the most immoral human-being in the world.” In a September 12, 2012, blog post, Chevaldina criticized Katz’s litigatio