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Getty Images Letter Forum / Re: PicRights.com
« on: August 17, 2018, 10:25:23 AM »If the article or web page is not about the particular photo or the photographer, it is probably not fair use under the news reporting, commentary or education prongs of fair use. Don’t confuse the subject matter of the photo with the actual photo.
I've seen this argument also about it's only fair use if one is writing about the photo itself and not the subject matter associated with a photo. I've always had a problem with that. Especially when it comes to bloggers using an image from an actual news story. If a blogger uses an image of a news event Eg: Bad guy robs bank caught by cops. Mom and Pop blogger uses the image of the bad guy who robbed the bank. How is that not fair use? He's the one who robbed the bank. The image was found in a news report. The copyright law allows for fair use in the context of news reporting and that's what Mom and Pop blogger did. Mom and Pop blogger is not trying to screw the photographer who took the photo. They're trying to do the right thing as far as they read the law. Did they have to go to law school in order to read the law as lawyers instead of as laymen trying to comply with it?