Can a website use Facebook photos and make fun of them?

I found a page on Facebook, and a webpage called http://youarenotaphotographer.com/. They are taking photos without permission that are posted by amateur photographers on Facebook, and making fun of their editing and photography, or lack of. Yes, the photos are bad, but my concern is, isn’t this illegal? Potentially harming someone’s business. All of these photos had the photographers’ business name on the photo or some type of logo and they have blacked out the name. Isn’t this just blatant copyright infringement?

Cristi on April 27, 2012

1) Isn’t this just blatant copyright infringement?
The site is probably legal under the “fair use” limitation of copyright law which permits copying without permission for public-benefit purposes such as “criticism.”
2) Potentially harming someones business…
If the site has “blacked out the name” then it might be hard to prove that harm has been done. “…making fun of their editing and photography or lack of” may be “libel,” “defamation” or “false light”, particularly if the statements are malicious and false. This is often state or common law.

fair use

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