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Ok, so Zillow has no copyright claim to the images. The article follows that up by loudly and repeatedly reminding us that even if Zillow did have a copyright
by LukeShu 9y ago
Ok, so Zillow has no copyright claim to the images. The article follows that up by loudly and repeatedly reminding us that even if Zillow did have a copyright claim, that the use of the images falls under fair use.
However, is that really true? The article backs up most of its claims, except for the "fair use" one. The disclaimer on the McMansion Hell site claimed that they were used under fair use, but the author of the site is admittedly a bit unfamiliar with the law. I haven't seen an analysis of if it really is fair use from any of the coverage.
- mark-r 9y agoZillow claims "we have an obligation to protect the interest of the copyright holders". If that obligation is contractual, they are acting as the agent of the copyright holder and should have the right to take legal action on their behalf. In fact they might be compelled to take legal action, even if that action puts them in a poor light as it does in this case. This is where I think Techdirt is missing the picture.