On 5/19/06, Steve Bennett <stevagewp(a)gmail.com>
I think what is meant is that the O RLY owl (O
RLY stamped over a picture of
an owl taken by someone else) infringed on the copyright of the original owl
photographer. And since we weren't doing anything fair-use-wise with respect
to that original photo, we were infringing on their copyright as well.
Sure we are not useing it for critical comment of the original image
but there are other posible fair use rationals around for example:
Is generaly considered to be fair use.
What would you say if I told you that I had located the *original*
high-res version of the "O RLY owl", sans the text, and that it had a
clear copyright notice? The "O RLY" version is a copvio - so, our "fair
use" claim was in error.
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