[Foundation-l] Fair Use (again)

[Delirium]

teun spaans wrote:
> 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.
>>     
> 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.
>   

I'm talking about the image credits, written vertically along the 
right-hand side of the image.  Of course they don't explicitly say they 
use fair use, because nobody would waste space saying that---fair use is 
an affirmative defense if you're sued, not something you have to declare 
ahead of time.  Nevertheless it's quite clear from context that many 
journalistic photo uses are {{en:promotional}} fair use.

-Mark