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Copyrights Intellectual Property Litigation

Fourth Circuit Rules that Website’s Unauthorized Posting of Stock Photograph Was Not ‘Fair Use’

The decision in Brammer v. Violent Hues sheds some light on when re-posting will be a “fair use” and when it will give rise to liability.

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Hundreds of millions of photographs are posted online every day. As the U.S. Court of Appeals for the Fourth Circuit recently noted, “the Internet has made copying as easy as a few clicks of a button,” and users frequently copy photographs for business or social purposes. When doing so, users should be aware of the risk of liability for copyright infringement. The Fourth Circuit’s decision in Brammer v. Violent Hues, No. 18-1763 (Fourth Cir. April 2019), sheds some light on when re-posting will be a “fair use” and when it will give rise to liability.

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