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>It does however create a new problem that whether a work is infringing or not depends on the context of its use. No it doesn't - the issue isn't whether the p
by freejazz 3y ago
>It does however create a new problem that whether a work is infringing or not depends on the context of its use.
No it doesn't - the issue isn't whether the photograph infringes or not. Fair use is an affirmative defense.
- solidsnack9000 3y agoThis is a point that deserves closer attention -- thank you for mentioning it. The notion of an affirmative defense is an important part of how our legal system balances rights.