this post was submitted on 06 Sep 2023
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The Trump campaign may have violated United State copyright law by selling merchandise featuring the former president’s mugshot, legal experts have warned.

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[–] Tb0n3@sh.itjust.works 33 points 1 year ago (23 children)

I hate that a shitty picture taken as part of legal proceedings is copyrightable. Just like research paid for by the government should be free and unencumbered, so should things produced by the government itself.

[–] merridew@feddit.uk 4 points 1 year ago* (last edited 1 year ago) (10 children)

Federal government works generally aren't domestically copyrightable. They are considered to be in the public domain within the USA.

https://en.wikipedia.org/wiki/Copyright_status_of_works_by_the_federal_government_of_the_United_States

ETA: I will add that that USA has some of the best protections for Fair Use. But Fair Use definitely doesn't extend to selling it at that scale.

These are the tests for Fair Use:

  • the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; [very commercial]
  • the nature of the copyrighted work; [photographic, publicly available]
  • the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and [100% of it]
  • the effect of the use upon the potential market for or value of the copyrighted work. [Effectively eliminated the value to the copyright holder]
[–] stopthatgirl7@kbin.social 6 points 1 year ago (9 children)

This isn’t federal, though. This is state.

[–] merridew@feddit.uk 4 points 1 year ago* (last edited 1 year ago)

Yes exactly. It isn't in the public domain, and so is still protected by copyright, and arguably fails the test for Fair Use. But OP's earlier comment suggested they were not aware that federal works sit in the public domain.

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