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Perhaps adding the copyright notice to the photo makes it a derivative work, and is therefore protected by copyright? Another take is that it is the news repor
by teyc 15y ago
Perhaps adding the copyright notice to the photo makes it a derivative work, and is therefore protected by copyright?
Another take is that it is the news report that is copyrighted, and putting the main material of the report (the photo) which in itself wasn't subject to copyright represents the substance of the report rather than fair use.
- delinka 15y agoEven if the report (containing the photos) is protected under copyright (and it is), quoting the article is still fair use. Extracting the photos to comment on them is still fair use. Reproducing a substantial part of the report would almost certainly infringe on the copyright. Arguing that the photos are a "substantial" part of the report would not convince a court.
- teyc 15y ago> Arguing that the photos are a "substantial" part of the report would not convince a court. I'm reminded of a photo of the space shuttle taken by someone in a plane. Wouldn't the substance of a report about this event be the photo itself?