fairuse is only fair use when it's done on a company as they aren't hurt by it, random people are, like if i took something from you and made thousands off it would that be fair use? like if i made a video on a viral tweet you made and don't even mention your name would itbegood?
Did the game developers give you permission to take the photo and use it for yourself? Did it feature identifying characters of your own? Who’s to say the person didn’t take a very similar photo?
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i mean someone literally downloading a picture off a video you made, thereby using me to profit, this is not about legality it's about common decency
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Could I see the photos side by side? Do you have them handy?
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