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You'd better re-read the newer laws concerning the fact that you are open and liable without holding a LEGAL LICENSE to use a copyrighted item. The new laws state specifically that photo's etc do NOT have to be registered to be filed over in a civil action. And it further states that not charging for access does not allow for the infringer to get away with the illegal use.
The first argument about fair use is really lame too. Don't try to confuse legal definitions of news sites-publications etc into a plain theft of copyright. It doesn't float. Precedence is set and guess WHO pays the legal fees??? Not the person with the rights to the picture.
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