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p.2 #10 · p.2 #10 · Getting credit -- or not! -- for pics on TV news programs | |
k00nix wrote:
So, I work for a major news organization in the United State. We have seminars about every two years and here's what I can tell you. We have been advised by our corporate attorney that anything we find in the public domain (the web) we can use and claim "fair use" provided we alter it in some way so it is not the original image (cropping) and it is used for a topical story. In this case, they seem to have done everything correctly. If they used the image a year from now for a story about ballet, then he would have a case.
If you really want to prevent this from happening, watermark diagonally across the image. We tv folk hate that....Show more →
It has been explained that a) derived art that is substantially the same (overall look, subject, interpretation, meaning etc) is a violation of copyright.
And B) fair use news must be something specific about the art itself, such as image X sold for $Y, or image X is part of the gallery display exhibit, the specific technique or illustration of factual / non-artistic nature, etc; not a story simply reporting about a person, place or item that is in an artistic image (gray area) that can be replaced by a new photo of the person, place or item.
Ask your Station attorney how he still claims fair use in this case. By his logic, any image enhancing the 'interest or entertainment' of a story would be air use is a change is made, for instance adding your news emblem to some blank space. And extending his logic, of the station receives a solicitation for use in an upcoming story, if that image is on Google images, he can claim fair use with a small modification.
The most agreed upon interpretations of Fair Use is that there are many gray areas of interpretation, and non typical unpredicted legal outcome on both sides of interpretation occur. I find it surprising that your Station attorney is not more risk adverse.
Good reference material- https://artlawjournal.com/fair-blogging-bloggers-copyrighted-images/
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