Fair Use to Republish, in Annotated Form, Drone-Taken Photograph Used in a Political Argument
Prof. Eric Goldman (Technology & Marketing Law Blog) reports on Castle v. Kingsport Publishing, decided Monday by Judge Clifton L Corker (E.D. Tenn.):
Yes, this is another defense-favorable fair use ruling produced by a Richard Liebowitz lawsuit.
The case relates to a construction site for a proposed new school, which may have sinkholes. This concern sparked substantial community debate. The plaintiff flew his drone over the construction site and took photos purportedly showing the sinkholes. At a Board of Education meeting, the plaintiff gave a board member a 2 foot x 5 foot blowup of the photo to use as a visual aid. Soon after the meeting, the defendant published a news story about the controversy, including the photo displayed at
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