Rachel over at Women’s Health News helps the Tennessean fix the error of their ways and, in thanks, they insist she take down a chart of theirs.
In response, I must insist that the Tennessean suck my butt.
Behold the law:
§ 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
[emphasis mine, for the butt-suckers at our local daily, who seem unclear about the fucking law]
I totally should have been a copyright attorney. Hurray for copyright law!
Tiny Cat Pants 
B,Thank you very much for covering this. I took the image down just to avoid a hassle, but I’m still debating whether I can stomach having done that, knowing with near 100% certainty that it was fair use and I’ve given in to a bully. I’ve been thinking about whether I should just put the image back up, but haven’t made up my mind.
Well, probably at this point, it’s not worth fighting with them about, because it would be a hassle, especially if they really did sue you. You could go broke defending yourself, even if it’s clearly fair use.It sucks that people who are dependent on fair use (I mean, unless they really want other folks to start combing through their photos to see if there’s any incidental use of copyrighted materials) don’t extend the courtesy to others.It also sucks that they probably have no shame about using the law to their benefit and hassling you about it.Just next time you use a chart or something from them, be clear in a footnote in your post that you believe it’s fair use, and if they send you a letter asking you to take it down, send them a copy of the limitations on exclusive rights. Jackasses.
You’re probably right, I’m just so aggravated by the whole thing…