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Prof who sued Merc: 'The big guys won'

Metro, the San Jose alt-weekly, caught up to the Tennessee professor who unsuccessfully sued the Mercury News for printing a copyrighted photo he shot as part of a book review. “The big guys won, but we were ethically right,” Prof. Chris Harris told Metro. The Merc argued it had the right to use the photo under the doctrine of fair use, and a federal jury agreed on Aug. 7. But Metro points out that at least one media expert says the paper’s victory isn’t the green light newspaper editors had been anticipating when it comes to running copyrighted works. “I think newspaper editors will be more cautious now,” says Santa Clara University professor Tyler Ochoa. “Litigation tends to make people gun-shy.” It should be pointed out that Harris has sued over copyrights before, receiving an undisclosed settlement from the New Orleans Times-Picayune.

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