I would assume those would fall under fair use of some kind, but you’re right that those fair use laws would need some scrutiny before implementing this. I’m still cautiously optimistic about it, but yeah if I was a lawmaker I’d be thinking hard about the potential misuses of it for sure.
What we’ve seen very clearly with fair use is that you end up being forced to defend it, as opposed to it being presumed. That means it’s very easy for a rightsholder with money to go after every use, fair or not, and force the user to spend time and money defending themselves (and also probably face a preliminary injunction that takes the image down until the case is over, which will often be after its newsworthy).
I would assume those would fall under fair use of some kind, but you’re right that those fair use laws would need some scrutiny before implementing this. I’m still cautiously optimistic about it, but yeah if I was a lawmaker I’d be thinking hard about the potential misuses of it for sure.
What we’ve seen very clearly with fair use is that you end up being forced to defend it, as opposed to it being presumed. That means it’s very easy for a rightsholder with money to go after every use, fair or not, and force the user to spend time and money defending themselves (and also probably face a preliminary injunction that takes the image down until the case is over, which will often be after its newsworthy).