Tuesday, September 28, 2010

Fair Use

Sometimes one needs a break from work.

This photograph by Jacques Carra published in Linternaute is just the break one needs on a cool fall day. This is the countryside at Romans-sur-Isere.
For more photographs by Jacques, click on the link.

Romans-sur-Isere is located in southern France near Grenoble.Visit Romans-sur-Isere.

The image is used under the Fair Use Doctrine, in that use of the image is for non-profit educational purposes.Credit for the photograph is given and the image is not full size. The image does not constitute a major factor in the this blog.The image is otherwise readily available on the internet.

The issue of images on the internet is discussed in Kelly v. Arriba Soft Corporation (280 F.3d 934 (CA9 2002) withdrawn, re-filed at 336 F.3d 811(CA9 2003)) affirming the right of search engines to use thumbnail images.

What constitutes non-profit educational purposes will be defined on a case by case basis. Time Magazine, the owner of the Zapruder video of the Kennedy assassination, could not prevent use of still photographs for educational purposes. Factors which determine fair use include the commercial use of the image, the otherwise availability of the image on the internet, and the proportionality of the use of the photograph.

A good example of fair use is reproduction of  Shepard Fairey's famous Obama "Hope" and the photograph shot by Associated Press photographer Mannie Garcia. Is it clear that one is based on the other? While the image can be reproduced here for educational purposes, Fairey's use may have constituted plagiarism. The issue of plagarism and fair use are different. Whether Fairey plagiarized Mannie Garcia's image is not clear, but use of the two images to discuss the issues of fair use is certainly justified.

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