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(note that what gaston is doing is essentially deep linking, since he is using the photo from the original site and not copying it to his on sever and linking from there)
While I agree with the classification of usage of photographs like this as' fair use', Gaston is not deep linking. Those images obviously didn't have his annotations originally. The top image from Brett Green's review build has been poorly up-sampled and rotated. All of the images are hosted on Gaston's photobucket account.
you are right, the pics at the top of this thread are not deep linked, but the photos of the black P-61 are.
Hosting the altered image is on somewhat grayer ground, however, he is still not interfering with the potential trade of the copyright holder or in any way making $ from the altered images, thus pretty much still falling in the category of "fair use". He even went so far as to denote Brett Green as the original model builder.
from US copyright office definition of
fair use:
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Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research.
The referred to section 107 is here in the first chapter of the US copyright law, title 17:
http://www.copyright.gov/title17/92chap1.pdf. Section 107 lays out fair use. Subsequent sections mostly denote exceptions to fair use and clarify special situations where copyright might be unclear, none of which really apply here.
what Gaston is doing is clearly commentary (critique in this case would probably apply to either the photos or Brett Green's work on the model, but he is making a critique of the kit, so perhaps that applies too) and would almost certainly be protected by the "fair use" clause since no there is no inherent monetary profit to him nor any loss of revenue to Brett Green or the website hosting his photos of the built P-61.
It doesn't look like there has been a legal ruling directly applying to this case, but that probably means the situation is such that it is clearly fair useage, otherwise there almost certainly would have been a case and ruling over it by now.
