Originally posted by g00b
If it is truly "fair use" someone can not take action against a forums owner/operator. If it is not truly "fair use" than they should remove the offending material if notified. In neither case is a forums owner/operator liable for damages unless they are depriving the copyright owner of income.
Copyright laws give the copyright owner all rights to their work.
Unauthorized use of text and photos is illegal, no matter if there is depriving income or not. Especially photographs are protected by this. The copyright owner can drag the violator into court if they choose to.
And if they want to charge not only the poster but also the forum, they can do it.
As mentioned here several times, that has been done. Some high quality boards, whole bloody discussion boards, have been closed down by authors or owners of photograph copyrights, when those have been posted in public discussion boards.
For example a photograph may have been sold for one time use in a magazine. This means that the photograph owner still owns the copyrights, the magazine just has permission to print it once in the article. Anybody else who wants to use the photo must again buy a printing permission for it. It could be so with these photos as well.
While you can use parts of texts/articles with "fair use", legally, photographs are by default always copyrighted and protected and cannot be repeated in any form.
The copyright laws are much harder than most usually believe. You can get yourself into trouble very easily, if the copyright holder wants to. I've seen it happen the hard way and have some experience on it myself too.
You just can't print/scan/publish on net whole articles or especially photos as you wish. There's always somebody who owns the rights.
That's just a rude legal notice. Personally I love reading these articles and if the publisher says it is ok to publish them, off you go. But the final say is still with the original writer and the owner of photo copyrights and they might have different opinion. They might want to still sell their work.