The inclusion of a copyrighted photograph in a book critical of nuclear energy was a fair use of the photograph, the U.S. District Court for the Southern District of New York said April 6, granting summary judgment for the book’s author and publisher (Baraban v. Time Warner Inc., S.D.N.Y., No. 99 Civ. 1569 (JSM), 4/6/00).

In 1993, the U.S. Council for Energy Awareness placed an advertisement in several major newspapers that featured a dramatic picture of a woman and cow standing framed against a blue sky with fluffy clouds in a field of yellow clover. The copy accompanying the photograph explains that the woman is a dairy farmer who lives close to a nuclear power plant, and extols the virtues of nuclear power.

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