> And the irony, of course, is this: the pictured bike itself was never stolen, but the rushed magazine photo has been – by hundreds of people, perpetuating a fake crime over and over. At what point (if ever) would using a photo like this fall under fair use? The author doesn’t seem to care, but I’m curious if copyright is ever forfeited due to widespread use or inaction of the copyright holder.
It fails this part of fair use: 'The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes. Courts typically focus on whether the use is “transformative.” That is, whether it adds new expression or meaning to the original, or whether it merely copies from the original.'