Does an instance of "Fair Use" have to satisfy just one of the tests, or all of the tests?
i asked my attorney friend about it and got essentially the same answer, he said the Met hired better attorneys.Someone I know testifies as an expert witness in copyright cases. They were not called in this case. I asked their opinion of this. This person didn't speak favorably regarding the attorney for the photographer, and indicated the case could have been won with a better attorney.
So can we go to the MET, take photos of the exhibits and present the work to the public for "educational" purposes? I'll charge admission and say all proceeds go to the educational college fund for my kids!
Hell, minus the context here and without giving it much thought, I would've assumed I could go to a museum, take photos of art, or whatever, and sell them, assuming I was allowed to take said photos. But I admittedly don't know much about the topic, having never sold a photo or considered doing so.
I really think our copyright and IP laws need a serious overhaul given the digital age we find ourselves in. But good luck with that.
I really think our copyright and IP laws need a serious overhaul