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From Andreas Lehmkühler (JIRA) <j...@apache.org>
Subject [jira] [Created] (LEGAL-332) Can we claim fair use for some of our test files?
Date Sun, 24 Sep 2017 13:56:00 GMT
Andreas Lehmkühler created LEGAL-332:

             Summary: Can we claim fair use for some of our test files?
                 Key: LEGAL-332
                 URL: https://issues.apache.org/jira/browse/LEGAL-332
             Project: Legal Discuss
          Issue Type: Question
            Reporter: Andreas Lehmkühler

Levigo has donated their JBIG2 plugin to the PDFBox PMC, see PDFBOX-3906. The source includes
a couple of binary testfiles. All are JBIG2 bitstreams created with different parameters.
The content of those testfiles isn't relevant for the tests itself.

Some of those testfiles contain copyrighted stuff and the origin project doesn't have a license
to use them. The question is, can we claim "fair use" for those files as
- most of them just include *one or two* scanned pages of a larger document containing many
more pages
- one of the files is a dithered *low resolution* image of Ally McBeal aka Callista Flockhart
which can be found all over the internet

Can we claim "fair use" for those files? And if so, are we allowed to include those testfiles
in our source repository?

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