In this conflict a families Christmas card photo was taken from the internet and used in an advertisement for a restaurant in Prague. The photo was discovered by a friend who was visiting there. I feel like this was a violation of the families copyright. They clearly had made the photo for personal use only and did not intend for it to be used by strangers for other purposes. The man who owns the restaurant clearly stated that he had pulled to photo from the internet thinking it was computer generated and offered his apology. It is my understanding that this would not even fall under the category of fair use because the image was not transformed in any way, just simply used in the background, behind words, to advertise.
If this was changed and used in the classroom setting it could fall under the fair use act depending on what the students used it for. Fair use items can be used if the works create new materials and can be used digitally if they meet transformativeness standards. Fair use says that copyright material can be used under some circumstances, especially for uses such as teaching and learning, scholarship, news reporting, or criticism and commentary.
You are correct - but because it is international it was hard to pursue legally.
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