Jury Rules Newspaper Had Right To Publish Photo

Law360, New York (August 9, 2006, 12:00 AM EDT) -- In a test of the freedom of newspapers to publish photographs under fair use, a jury has ruled that the San Jose Mercury News did not infringe on a photographer’s copyright when it published his photo of a prominent author.

The newspaper argued throughout the case that it was allowed to use Christopher Harris’ picture with a book review because of fair use, which allows limited use of copyrighted material for scholarship, criticism, comment, news reporting, teaching, and research without obtaining permission of the copyright holder....
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