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0 pointssbronstein13y ago0 comments

No, she claims she is covered under fair use because she doesn't make any money from it, blah blah blah.

0 comments

peetahb13y ago

No, she claims she is covered under fair use because she doesn't make any money from it, blah blah blah.

Plus, her claim of being a lawyer makes the whole matter quite baffling.

Natsu13y ago

Actually, there have been fair use decisions when an entire work was used non-commercially:

http://www.wired.com/threatlevel/2011/06/fair-use-defense/

I'm not saying that's the case here, but whether the use was commercial or not is one of the four factors considered when deciding fair use.

pdonis13y ago

I don't think "commercial" requires you to "make money" from the use. I think using the photo as an illustration on your business website qualifies as "commercial" even if you can't show that it brought you any business. (Of course, IANAL.)

Natsu13y ago

There are different degrees "commercial." It's not a binary distinction.

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0 comments

peetahb13y ago

No, she claims she is covered under fair use because she doesn't make any money from it, blah blah blah.

Plus, her claim of being a lawyer makes the whole matter quite baffling.

Natsu13y ago

Actually, there have been fair use decisions when an entire work was used non-commercially:

http://www.wired.com/threatlevel/2011/06/fair-use-defense/

I'm not saying that's the case here, but whether the use was commercial or not is one of the four factors considered when deciding fair use.

pdonis13y ago

Natsu13y ago

There are different degrees "commercial." It's not a binary distinction.

j / k navigate · click thread line to collapse