A non profit organization posted a newspaper article about police discrimination on its website. The newspaper assigned its right in the article to a third party, Righthaven, who filed the lawsuit.
Reasonings:
Righthaven had acquired the copyright and was not in the newspaper business ( it appeared to be in the litigation business).
Court points out that the nonprofit's use was transformative because its purpose was to educate the public about immigration issues, whereas Righthaven had no such purpose for the article because it was not in the news business.
Since Righthaven was not in the news business, it could show no harm from the defendant's dissemination of the article.
Own Opinion
This will be a case of fair use. since there is no profit gain from posting the article and by doing so , does not affect the effect the future of the newspaper since the plaintiff and defendant are not from safe field.
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