Why Is The AP Invoking The DMCA Over The Obama Poster?
from the dmca-abuse dept
As the EFF notes, since Fairey didn't "strip" the data from the image, but merely appears to have cropped the image for his purposes, it's hard to see how Fairey actually violated the DMCA here. However, more to the point, the EFF explains why this is likely been thrown into the case by the AP. By invoking the DMCA, it adds much greater potential statutory fines, than for a straight copyright infringement case. That gives the AP a much bigger potential award -- which it can use to pressure Fairey into settling. As the EFF points out, such huge potential fines creates a pretty massive chilling effect on others -- something all too common with the DMCA.