In a ruling that has left First Amendment watchers and copyright experts divided , a federal judge in Cleveland sided with the Rock & Roll Hall of Fame in a lawsuit over its unlicensed use of a photographer’s image—a decision that Today in Ohio podcast hosts wondered would survive an appeal.

The case centered on the Rock Hall’s use of rock photographer Neil Zlozower’s images of Eddie Van Halen’s guitar in a major exhibit, as Today in Ohio host Courtney Astolfi explained: “The photographer pursued, saying the Rock and Roll Hall of Fame displayed this photo at large scale. No license, no permission. Didn’t pay him a dime for this.”

But U.S. District Judge Christopher Boyko rejected the photographer’s claims, accepting the Rock Hall’s argument that its use of the photo fell under “fair u

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