Daily Scope v. The PPP

Does the PPP's use of the photograph qualify as fair use because it changed the original image significantly?

• Yes, it was a completely new version

• No, it used the photo without changing it much.

Does the fact that the PPP used the photo for a political campaign (a commercial use) affect the fair use claim?

• Yes, commercial use usually hurts the fair use argument.

• No, political campaigns are always allowed to use photos.

• Maybe, it depends on the context.

Does the nature of the original photo, which is a creative work, affect the fair use argument?

• Yes, creative works have stronger copyright protection.

• No, it doesn't matter if it's creative or not.

Should the court consider if the PPP made money from using the photo without permission in deciding fair use?

• Yes, if the PPP made money, it’s more likely not fair use.

• No, how much money was made doesn’t matter.

• According to the existing literature, in some cases, commercial profit does not negate fair use claims

Does the fact that the PPP used the photo for political commentary help their fair use claim under Jamaica’s Copyright Act?

• Yes, political commentary often counts as fair use.

• No, political commentary doesn’t matter for fair use.

• Only if the photo was significantly transferred as well.

Who owns the copyright to the original photograph?

• The People's Progressive Party (PPP)

• The freelance photographer who took the photo

• The Daily Scope, if the photographer worked under contract

What is one of the key factors in determining fair use?

• Whether the user asked for permission

• Whether the new work transforms the original meaning

• Whether the image was shared online

If the PPP had paid for a license to use the photograph, would there be a copyright issue?

• Yes, they would still be infringing copyright.

• No, because they would have the right to use the photo.

• Maybe, depending on how much they paid.

Why did Daily Scope claim financial harm from the unauthorized use?

•  They lost potential licensing revenue.

• They no longer own the photograph.

• The PPP used the image in a negative way.

Which of the following is NOT considered a valid fair use defense?

• The work was used for news reporting.

•  The work was slightly modified.

•  The work was used for parody and satire.