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DPChallenge Forums >> Photography Discussion >> Court Rules Unauthorized Use= Fair Use!? Grey Area
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AuthorThread
 10/07/2006 10:19:17 AM · #1
The jury in the federal court in San Francisco ruled that a newspaper's unauthorized use of a photographers photo fell under the 'fair use' clause and dismissed the lawsuit on Oct. 5, 2006.

Photographer Christopher Harris brought up a copyright infringement lawsuit against San Jose Mercury News. The newspaper used Harris's photograph of the writer Walker Percy from the book titled âThe Life You Save May Be Your Own: An American Pilgrimage" by Paul Elieâ. The newspaper REMOVED Harris's copyright on his photograph of the author and placed it next to the book review. Mercury News claimed use of the photo fell under the "fair use" clause and is common practice for metropolitan newspapers to use copyighted photos with book reviews without permission.

For more info on this story
//www.pdnonline.com/pdn/newswire/article_display.jsp?vnu_content_id=1002952400
//www.photoattorney.com/ " Jury Finds Unauthorized Use of Photo=Fair Use"
//www.photoattorney.com/2006_01_01_photoattorney_archive.html " Editorial Use May Not Always Be Fair Use"
Lastly the story as reported from Mercury News:
//www.mercurynews.com/mld/mercurynews/news/breaking_news/15221891.htm

While this seems to be a common practice of newspapers utilizing a photo for editorial use the whole issue of them REMOVING the copyright tag from the photographer's work really bothers me. It falls into a real grey area.
10/07/2006 10:51:46 AM · #2
Most newspapers will be out of business in ten years so their non caring attitude that smacks of desperation doesn't surprise me.

Message edited by author 2006-10-07 10:52:00.
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