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Does Fair Use still apply if a contract explicitly states to the contrary?
In this case, I'm thinking about screenshots of software. The Microsoft EULA states "you may use but not share its icons, images, sounds, and media." On top of that, they own copyright of the design elements in the software provided. If a user agrees to that EULA (you have to in order to access the application), would Fair Use (US law) still cover their publication of screenshots of that software under the standard terms of Fair Use?
Thanks in advance.
So publishing a screenshot under Fair Use would be a breach of the EULA, that's exactly what I wanted to know, thanks!
1 Answer
- ?Lv 78 years agoFavorite Answer
Fair use is the term we use to summarize a group of exceptions to copyright laws provided in the copyright laws and case law (court cases).
That has no relation to what you contractually agree to do or not do in return for consideration (being allowed to use the software).
