TexasCHLforum.com

jmra wrote:Isn't it time for this thread to die already?

Fair use is a statutory exemption to the rights granted by copyright law. It is a defense to activity that would otherwise be considered infringement. The doctrine permits the use of copyrighted works for many purposes, including scholarship, journalism, criticism, commentary, or parody (if the parody specifically criticizes or comments on the copyrighted work itself and not just on society in general). The inquiry of whether a particular use is "fair" is determined largely by the particular facts of each case. Judges, therefore, are instructed to consider the following non-exhaustive set of factors in determining whether "fair use" applies:
◦The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
◦ The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
◦The effect of the use upon the potential market for or value of the copyrighted work.
•The first sale doctrine is another limitation on the exclusive rights granted by copyright. The doctrine allows lawful owners of copies of a work to share, resell, give away, or otherwise distribute them.

WildBill wrote:It appears to me from a quick glance of the posted images that the original photo was scanned and altered using software, so it is not "original". However, Zimmerman's art might be covered under fair use. I believe that it is satirical and critical of the original photo. Also, I do not think that AP will lose any revenue due to Zimmerman copying the photograph. IANAL

Fair use is a statutory exemption to the rights granted by copyright law. It is a defense to activity that would otherwise be considered infringement. The doctrine permits the use of copyrighted works for many purposes, including scholarship, journalism, criticism, commentary, or parody (if the parody specifically criticizes or comments on the copyrighted work itself and not just on society in general). The inquiry of whether a particular use is "fair" is determined largely by the particular facts of each case. Judges, therefore, are instructed to consider the following non-exhaustive set of factors in determining whether "fair use" applies:
◦The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
◦ The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
◦The effect of the use upon the potential market for or value of the copyrighted work.
•The first sale doctrine is another limitation on the exclusive rights granted by copyright. The doctrine allows lawful owners of copies of a work to share, resell, give away, or otherwise distribute them.

philip964 wrote:The photo is now much more valuable from Zimmerman's use.

philip964 wrote:http://www.chron.com/news/crime/article ... cmpid=hpts

Echoes of Zimmerman per this article. Probably the newsmedia just drumming up ratings for a story.

17 year old's playing music too loud at a convenience store parking lot annoyed a CHL who had just pulled up in the next space, and an argument started. The CHL gets a 9mm from the glove box and fires into other car. Killing one person inside. There was no physical confrontation between the parties. The CHL said he saw a gun pointed at him inside the car and feared for his life. No other gun was ever found. Lawyer says it could have been a stick that they pretended that it was a gun. After shooting, the CHL did not call 911 and left the scene and drove 2 hours away, he was found from a police investigation and was arrested.

Yeah seems exactly like Zimmerman/ Martin.

Oh and our Zimmerman in this story is actually Caucasian.

It’s official … X gonna give it to George Zimmerman – TMZ has learned, rapper DMX has just been named Zimmerman’s opponent in his upcoming celebrity boxing match.
Celebrity boxing promoter Damon Feldman tells us, DMX was selected out of 15,000 applicants … all of whom wanted a piece of Zimmerman in the ring after he issued the open challenge to fight anyone willing to take him.