Court case seeks to clarify that photographers don't need permission to publish pictures that incidentally capture public works of art

[Skeptic]

@ClutchLinkey

and was pretty surprised how much we can do under fair use.

Unfortunately, fair use is an affirmative defense rather than a clear law that prevents lawsuits or allows for easy motions to dismiss, and the only way it is truly decided is in individual court cases, where even if you should be firmly in the right, a well funded opponent may be able to win anyways, especially if they can out fund you.