tag:blogger.com,1999:blog-5064547517730087223.post9146552650581116552..comments2024-02-17T04:00:25.925-06:00Comments on The Platoon Advantage: News News, Failing the Written, and Bad HampsterThe Common Manhttp://www.blogger.com/profile/09994070642805307798noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5064547517730087223.post-57958956075347069242009-02-05T19:43:00.000-06:002009-02-05T19:43:00.000-06:00I think Fairley has a good fair use defense. The d...I think Fairley has a good fair use defense. The doctrine doesn't make much sense, but the factors are:<BR/><BR/>1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;<BR/>2. the nature of the copyrighted work;<BR/>3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and<BR/>4. the effect of the use upon the potential market for or value of the copyrighted work.<BR/><BR/>I think a court would say factors 1, 2, and 4 weigh in his favor (it's sort of commercial, but wasn't used that way by him, and you could say that wasn't the <I>primary</I> purpose; it's a very different use than the original news photograph; and a campaign poster wouldn't really compete in the same market as the original photograph). I'm sure he used substantially the entire photograph, which would mean 3 is on AP's side, but in situations like this, where using the entire work is kind of necessary to making the new work at all, courts don't give that much weight. So this seems like a pretty poor case for the AP to pursue, especially given the bad publicity that will probably come of it.<BR/><BR/>Now YOU, of course, are violating a copyright (either AP's or Fairley's) by reproducing the picture on your blog...Billhttps://www.blogger.com/profile/07840958382433052735noreply@blogger.com