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No, You CAN'T Use Any Internet Photo as 'Fair Use': Appeals Court

"In July of 2018, a Virginia federal court sparked an uproar among photographers by ruling that finding a photo on the Internet and using it without permission on a commercial website can be fair use. Good news: an appeals court reversed the decision today [Apr 26, 19]. ...

[T]he US Court of Appeal for the 4th Circuit reversed the ruling and sent it back to the federal trial court.

"We reach our conclusion with the recognition that the Internet has made copying as easy as a few clicks of a button and that much of this copying serves copyright's objectives. Many social media platforms like Twitter, Facebook, and Instagram are specifically designed for the participatory 'sharing' — or copying — of content. We express no opinion as to whether such sharing constitutes fair use. We note, however, that Violent Hues' use is not of this kind. […]
 

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