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This is a fundamental problem with the implementation of fair use in the US legal system. Fair use is a limitation of copyright (not a violation of copyright),
by kbutler 15y ago
This is a fundamental problem with the implementation of fair use in the US legal system. Fair use is a limitation of copyright (not a violation of copyright), and the law defines guidelines for establishing fair use, but it may cost you tens of thousands of dollars and a lot of heartache if the copyright holder disagrees with your interpretation of the guidelines, regardless of whether you are right or wrong.
Copyright in the US exists to promote the progress of science and the useful arts (US Constitution), not to protect the "purity" of an artist's work.
Parody is one well-recognized, legally protected form of fair use - and no doubt it would cause this photographer to feel "violated".