Why fair use doesn't work unless you've got a huge war-chest for paying lawyers

He believed and believes that it is fair use — a transformative use with minimal taking that doesn’t harm the market for the original, produced to comment on the original. Jay Maisel, the photographer who shot the original, disagreed, and sued Waxy for $150,000 per download, plus $25,000. Waxy ended up settling for $32,500, even though he believes he’s in the right — he couldn’t afford to defend himself in court. He’s written an excellent post on copyright, fair use, and the way that the system fails to protect the people who are supposed to get an exception to copyright