3 ms·
>Is there some reason that these would not qualify? I believe excerpts of pictures or emails taken for news reporting qualifies as fair use. It's not like they
by panny 6y ago
>Is there some reason that these would not qualify?
I believe excerpts of pictures or emails taken for news reporting qualifies as fair use. It's not like they showed the whole picture, they just cropped his face with the crack pipe in his mouth. Likewise, the full emails where they discuss illegally peddling influence and pay for play with all the headers wasn't published. Just select emails with enough metadata to give context.
Copyright doesn't supersede the first amendment right of free press. At worst, the NYPost is on the hook for $150,000 per violation. They can probably make that much and then some on the scoop. It may be worth it to them, even if they lose on a fair use argument. It's a huge scoop in October of an election year.
- nkurz 6y agoAll true, in my not-a-lawyer opinion. The important addition is that "fair use" is a defense that allows the use of copyrighted material in certain circumstances. Like a book review that includes an excerpt from a novel, the underlying material is still protected by copyright. It doesn't mean the material is "not copyrighted"---the whole reason fair use applies is because it is protected by copyright. Practically all emails and photos that contain any element of originality are protected by copyright.