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Posted to legal-discuss@apache.org by "Roy T. Fielding (JIRA)" <ji...@apache.org> on 2017/09/25 23:21:01 UTC
[jira] [Commented] (LEGAL-332) Can we claim fair use for some of
our test files?
[ https://issues.apache.org/jira/browse/LEGAL-332?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=16179943#comment-16179943 ]
Roy T. Fielding commented on LEGAL-332:
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No, you can't claim fair use for an image file without context. Certainly not for a celebrity image.
Most likely no one will care to sue for infringement, but that's a different issue.
Why don't you just take a camera outside and make your own test cases? Or go to a government archive of non-copyrightable images and download one (with source listed in the commit message).
> Can we claim fair use for some of our test files?
> -------------------------------------------------
>
> Key: LEGAL-332
> URL: https://issues.apache.org/jira/browse/LEGAL-332
> Project: Legal Discuss
> Issue Type: Question
> Reporter: Andreas Lehmkühler
>
> Levigo has donated their JBIG2 plugin to the PDFBox PMC, see PDFBOX-3906. The source includes a couple of binary testfiles. All are JBIG2 bitstreams created with different parameters. The content of those testfiles isn't relevant for the tests itself.
> Some of those testfiles contain copyrighted stuff and the origin project doesn't have a license to use them. The question is, can we claim "fair use" for those files as
> - most of them just include *one or two* scanned pages of a larger document containing many more pages
> - one of the files is a dithered *low resolution* image of Ally McBeal aka Callista Flockhart which can be found all over the internet
> Can we claim "fair use" for those files? And if so, are we allowed to include those testfiles in our source repository?
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