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Copying Photos Found on Internet is Fair Use, Virginia Federal Court Rules (petapixel.com)
Michael Zhang, reporting for PetaPixel: A Virginia federal court has made a decision that photographers won't be happy to hear: the court ruled that finding a photo on the Internet and then using it without permission on a commercial website can be considered fair use. The copyright battle started when photographer Russell Brammer found one of his long-exposure photos of a Washington, D.C. neighborhood cropped and used by the website for the Northern Virginia Film Festival on a page of "things to do" in the D.C. area.
Brammer then sent a cease and desist letter to Violent Hues Productions, the company behind the festival, and it responded by immediately taking the photo down. Brammer then sued the company for copyright infringement, and it responded by claiming fair use. In his ruling, the judge said, "Violent Hues' use of the photograph was transformative in function and purpose. While Brammer's purpose in capturing and publishing the photograph was promotional and expressive, Violent Hues' purpose in using the photograph was informational: to provide festival attendees with information regarding the local area. Furthermore, this use was noncommercial, because the photo was not used to advertise a product or generate revenue."
Brammer then sent a cease and desist letter to Violent Hues Productions, the company behind the festival, and it responded by immediately taking the photo down. Brammer then sued the company for copyright infringement, and it responded by claiming fair use. In his ruling, the judge said, "Violent Hues' use of the photograph was transformative in function and purpose. While Brammer's purpose in capturing and publishing the photograph was promotional and expressive, Violent Hues' purpose in using the photograph was informational: to provide festival attendees with information regarding the local area. Furthermore, this use was noncommercial, because the photo was not used to advertise a product or generate revenue."
When a company or organization appropriates an individual's photo for commercial use, the court found that it's fair use, but I'm betting they'll sing a different tune if it is an individual taking a corporation's intellectual property and have repeatedly found for the corporations in previous cases. To claim something is non-commercial when it's being used to promote your for-profit film festival is bullshit, that's like me screening the latest incarnation of Star Wars to my neighborhood and selling them greatly overpriced popcorn and snacks then claiming it's not a commercial use since I didn't actually sell the movie.
Enigma
These are key things to consider in this "Fair Use" decision:
1.) Furthermore, this use was noncommercial, because the photo was not used to advertise a product or generate revenue."
2.) While Brammer's purpose in capturing and publishing the photograph was promotional and expressive, Violent Hues' purpose in using the photograph was informational: to provide festival attendees with information regarding the local area.
These are important reasons to consider when it comes to fair use cases.
What a ridiculously overstated headline. The court certainly DID NOT come to that conclusion.