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Mitchell-Roche Michael W. Mitchell, left, and Edward Roche, right, of Smith Anderson in Raleigh, North Carolina.

4th Circuit SpotlightHundreds of millions of photographs are posted online every day. As the U.S. Court of Appeals for the Fourth Circuit recently noted, “the Internet has made copying as easy as a few clicks of a button,” and users frequently copy photographs for business or social purposes. When doing so, users should be aware of the risk of liability for copyright infringement. The Fourth Circuit’s decision in Brammer v. Violent Hues sheds some light on when re-posting will be a “fair use” and when it will give rise to liability.

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