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Do newspapers have to pay for photos or Fair Use includes Editorial?


4 years 8 months ago #654160 by Jackman
I know newspapers do pay for some photos, but technically are they able to use what ever photos they want as Fair Use covers them because of 'Editorial' or Social Commentary use doesn't require the need of permission because this is providing value to the public?  
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4 years 8 months ago #654161 by Nikon Shooter
NEVER!

Whichever way, if it is your picture, they MUST have your
agreement to use it after negotiating the conditions.
Light is free… capturing it is not!
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4 years 8 months ago - 4 years 8 months ago #654166 by Janos
As I understand, there are a number of items that make up the Fair Use valid.  And if you check off one, but you have other points that aren't lined up, then it's a no go.  If you look around, you'll find court cases that swayed from the newspapers, even though they are editorial, they are profiting and found the short end of the Fair Use stick. 
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4 years 8 months ago #654173 by garyrhook
There are 4 conditions/criteria for "fair use" evaluation. You only have to satisfy one of them. Which makes the assertion above incorrect.

Also: keep in mind that copyright applies to any created thing, not just photographs. Free up your thinking when considering aspects of these widely misunderstood subject. And also why people who bitch about copyright generally (a) restrict their focus to one creative area, and (b) often have an agenda that is self-serving.

"Editorial" is about the thing itself. It does not mean an editor/publisher can use something to make some other point. The focus of the use must be about the thing itself to qualify for editorial usage. Thus, e.g., using photos of a riot to illustrate the riot isn't fair use. So compensation would be required.

So: I can take any photograph I find, and use it as a subject for discussion of the photography illustrated in that image. And I don't need permission to do so. Which makes another assertion above incorrect.

The whole point of passing the "fair use" test is that you don't require permission, and you don't compensate. This is why a fair use assessment should be very difficult to pass.
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4 years 8 months ago #654182 by Jackman
And did I just read that Facebook is now able to use our photos as they see fit?  

If this is correct, how are they able to get around Fair Use?  
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4 years 8 months ago #654188 by garyrhook

Jackman wrote: And did I just read that Facebook is now able to use our photos as they see fit?  

If this is correct, how are they able to get around Fair Use?  


No, I'm pretty sure you did not. That has been floating around for years now, and is no more true than it ever was.

FB (and any other service like it) requires your agreement that they may distribute your images through their system on your behalf. Any attempt to expand that use to "we can do whatever we want" has been met with resistance, and they've backed off. Note that that doesn't eliminate misuse by other parties, over which FB has zero control.

Despite what you may hear, or read, go read their Ts & Cs. They're not complicated, they just require some time and thought. Or perhaps read a reputable source, like this one:
https://www.copytrack.com/does-facebook-own-my-pictures/
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4 years 8 months ago #654213 by Carry
:agree:   Yep, it sure has.  
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4 years 8 months ago #654494 by Tony Imaging
That FB message is so old.  What happens is a few people will resend it out to get people worked up, and it will die out again soon.  
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4 years 8 months ago #654655 by icepics
Like Gary said Fair Use is intended for discussion, etc. If someone was teaching a photography class or workshop, photos could be used for study and discussion.

Newspapers are editorial use and usage is contracted with freelance photographers. Usage should be specific in purpose/usage, timeframe, etc.

Newspapers used to have staff photographers but don't so much anymore. If they do the photographer could be an employee and doing Work for Hire meaning the photos are for the newspaper's use and the paper probably owns the copyright. That should be just for photos taken for the paper, not for the photographer's own work done on their own time.
Sharon
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4 years 8 months ago #654679 by Instamixes
If you have the copyright of the image then they can not use your image easily unless the image is unique and of such extreme public interest that they might be able to sustain a “public interest” fair use defense. Some newspapers pay some amount to the owner of the picture to use it in their newspaper or at least take permission from the owner. This is rare; in most cases, they would need to have your permission to use an image you are the copyright holder of. They can not use your image without your permission. 

What to Do When Your Images Are Used Without Permission?
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4 years 8 months ago #654686 by garyrhook

Instamixes wrote: If you have the copyright of the image then they can not use your image easily unless the image is unique and of such extreme public interest that they might be able to sustain a “public interest” fair use defense.


Um, no. "Public interest" is not one of the fair use factors. Here's a post from Stanford Law:
fairuse.stanford.edu/overview/fair-use/four-factors/
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