I've been keeping an eye on this upcoming P2P file sharing case for a while. This article I read today looks like it will be an interesting one to follow and sounds like it could have implications for photographers and artists as well, if the defendant were to win. In particular, this bit struck me:
Nesson will introduce "other factors" that the jury should consider in the case, which include "the copyright holder's knowledge of and assumption of risk when it published the copyrighted work that work would be ripped and shared on P2P networks."
Sounds a lot like it would legitimize the usage of any media that was placed online as "fair use". It's an uphill battle, however, and I feel it may be expected more to get his message heard than actually win. |