There is an element in American copyright law that allows people to make "fair use" of protected work: a scholar, critic, journalist, or parodist may reproduce a modest portion without permission.
In a statement released by The A.P., Mr. Fairey said: "I respect the work of photographers, as well as recognize the need to preserve opportunities for other artists to make fair use of photographic images".
Originally "passed by Congress to protect music labels and the movie industry from piracy, Section 1201 is now being used to prevent Americans from making fair use of the things we buy," writes the new grassroots hub of the movement, with tools to get friends involved and contact legislators.
"Today's verdict that Android makes fair use of Java APIs represents a win for the Android ecosystem, for the Java programming community, and for software developers who rely on open and free programming languages to build innovative consumer products," a Google spokesperson said.
Soooo, we have the right to make Fair Use copies of our DVDs, but the DMCA makes it illegal for someone to produce such software.
"If the only way you got material is basically in an encrypted form subject to a contract that says, 'You may not copy any of this,' how do you make fair use?' " said Marybeth Peters, the head of the United States Copyright Office.
The other key exemption recognized by the Librarian is a "remix" exemption that expands a prior exemption for circumventing the encryption on movies on DVDs, in order to make a fair use of a film.
In America, by contrast, a broad exception is made for the "fair use" of content.
This is well covered elsewhere but suffice to say that if we buy more than we need and throw away perfectly good products – be it food, clothes or phones – we're not making efficient, or fair, use of finite land, water, energy, raw materials and labour.
The second is that re-presentation is transformative; when you are taking something and making a comment on it, even when the thing you are commenting on is relatively unknown, that comment makes it protected as a fair use of a copyrighted image.
Because the images were used for educational purposes, were confined to use by class members, and were not made freely available, this use falls within fair use of materials (see, e.g., the description provided here: www.copyright.com/Services/copyrightoncampus/basics/fairuse_list.html).html
