tag:blogger.com,1999:blog-4513524515428334509.post1285646060760634423..comments2024-03-26T10:41:35.852+00:00Comments on The 1709 Blog: Should the EU have a specific UGC exception or even fair use? Marie-Andree Weisshttp://www.blogger.com/profile/17125973798789498436noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-4513524515428334509.post-63246354231089806272014-06-24T15:25:05.183+01:002014-06-24T15:25:05.183+01:00If the original photo were protected by copyright ...If the original photo were protected by copyright (but likely would be in the public domain because taken by government employee), then the derivative work likely would not be fair use if used for a CK advertisement (a la The AP v Obey Clothing).Photo Attorneyhttps://www.blogger.com/profile/02172156746950748429noreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-57562913617326022842014-06-23T17:15:52.690+01:002014-06-23T17:15:52.690+01:00Since this a mugshot in California, there's so...Since this a mugshot in California, there's some other interesting aspects. Mugshots are taken by police department, i.e. by part of the government. Is the image even copyrighted? Or is it in the public domain? If it is copyrighted, who owns it?<br />And - copyright aside - does Jeremy have any publicity rights in his image? California has very strong rights of publicity compared to other US states.goldenrailhttps://www.blogger.com/profile/07257965659017173039noreply@blogger.com