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MERC PREVAILS IN PHOTOGRAPHER’S SUIT SAN JOSE � A federal jury on Monday rejected copyright claims in a lawsuit accusing the San Jose Mercury News of illegally publishing a photograph. Christopher Harris, a digital media communications professor at Middle Tennessee State University, claimed the newspaper reprinted one of his photos in a 2003 book review without his written approval. The Mercury News, however, argued during the week-long trial before U.S. District Judge Charles Breyer that it was allowed to publish the picture because of the fair use privilege, the legal right to reproduce copyrighted material within reason � without the consent of the copyright owner. The photo of author Walker Percy ran alongside a review of Paul Elie’s “The Life You Save May Be Your Own: An American Pilgrimage.” The image had originally appeared in the book and the Mercury News had printed Harris’ name beside the photo in the review. Lawyers for Harris and the Mercury News did not return calls for comment Tuesday.

Julie O’Shea

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