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AP and Fair Use Copyright

After successfully stopping Snapped Shot from using their images for journalism critique, AP emailed another conservative blog Confederate Yankee on what they consider to be fair use of their copyrighted material.

(Confederate Yankee)- "AP licenses its works (photos, news stories, video and so on) to newspapers, Web sites and broadcasters for the purpose of showing news events and to illustrate news stories or commentary on the news events.

If the entirety of the work is used (such as when a whole photo is reproduced), that is considered a substantial "taking" under fair use law. If there are many photos used, that is a substantial taking of AP's photo library.

In the case of criticism, the commentary or criticism has to be about the protected work, not commentary or criticism in general – not using, as in the case of, protected photos to illustrate something on which the blogger was commenting... [note: this is part of a private email to Confederate Yankee from an AP representative]

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