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Exact(7)
It is clearly in a gray area but I believe it should fall into fair use under copyright law.
Mr. Gulotta struck back, filing an appeal to YouTube, arguing that the brief appearance of the rings amounted to "fair use" under copyright standards.
When the case began in 2009, Mr. Fairey argued that his use of Associated Press imagery constituted fair use under copyright law.
His speech was followed by polite questions from industry executives that only briefly touched upon a perennially sore point: whether the use of headlines and snippets of newspaper stories on Google News is "fair use" under copyright law or a misappropriation of newspaper content.
Mr. Fairey, who sued The Associated Press in 2009 as it began to accuse him of copyright infringement for using one of its photographs as the basis for the poster, said that he did not appropriate any copyrightable material and that his use of the photograph, which showed Mr. Obama looking up pensively, constituted fair use under copyright law.
What bothers me most about this is the fact that the video, by any measure, would be considered fair use under copyright and trademark law.
Similar(53)
If it has been "fundamentally transformed," he said, then it can be used under copyright law.
And the Electronic Frontier Foundation, a civil liberties group that participated in the discussions, argued that preventing consumers from e-mailing an excerpt of a show over the Internet violated fair use rights under copyright law.
Much of the debate over Napster has centered on whether consumers have a "fair use" right under copyright law to share music that they already own with whomever they saw fit -- whether it be one friend or Napster's 58 million users.
Don't use pictures under copyright.
Rather, it holds on the specific facts of this case, the particular elements replicated by Google were free for all to use under the Copyright Act".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com