[Foundation-l] Fair Use (again)

teun spaans teun.spaans at gmail.com
Thu Feb 1 13:09:14 UTC 2007


neither of the three examples shows that cnn uses fair use. The credits seem
to refer to the story. For example:
"By Deb Krajnak
CNN.com Arts & Style Editor"

probably just means that Deb is an CNN Arts & style editor.

It doesnt say that the image is there under fair use, it doesnt say it isnt.
It is perfectly possible that CNN purchased the photo from a photographer,
and that the photographer paid the copyrights to the Picasso heirs. Or
perhaps he didnt, but then he might get into trouble.

It is no proof that CNN uses "fair use".

kind regards.
teun spaans

The best course of action is to keep to our goals: create free intellectual
properties. Fair usage does not qualify as such.

On 2/1/07, Delirium <delirium at hackish.org> wrote:
> Robert Scott Horning wrote:
> > I am curious if anybody who is a regular participant on this mailing
> > list has ever come across an equivalent peer to Wikipedia (aka
> > Britannica or a major website like cnn.com) that would use modern art
> > works (I'm defining modern as created by anybody who has died since
> > 1924) and publish reproductions of them using fair-use as the only
> > justification for their inclusion?
> >
> Sure, here's some:
> A 1932 Pablo Picasso painting:
> http://archives.cnn.com/2000/STYLE/arts/05/10/picasso.auction.ap/
> (credited as "AP Photo", though it's doubtful the AP owns the copyright)
> A 1939 Pablo Picasso painting:
> http://www.cnn.com/SPECIALS/2000/year.in.review/story/arts/ (credited as
> "CNN", again doubtful)
> Sometimes it's unclear:
> A 1953 Mark Rothko painting:
> http://archives.cnn.com/2000/STYLE/arts/11/15/sothebys.auction.reut/
> (credited as "Courtesy Sotheby's", but it's unclear whether the
> "courtesy" means they were given a copyright license, or, more likely,
> are using it under an {{en:promotional}} type fair-use claim)
> My general impression is that fair-use images are quite common in
> journalism.  I don't know about encyclopedias.  They are fairly common
> in educational books---film-studies books frequently make fair use of
> low-resolution still shots from films.
> -Mark
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