Jury Finds Unauthorized Use of Photo=Fair Use
Background of the case can be found on my January 10th blog.
After the verdict, The Mercury News' lawyer explained:
This is a classic example of how newspapers use material that is sent to them every day. If a photographer or photo agency had veto over the use of these kinds of images, then newspapers would just stop using them and readers wouldn't get the visual information. . . . This is the kind of information that newspapers are supposed to provide to the public.
This is not the kind of protection that copyright law is supposed to provide to photographers. This is an erosion of rights that photographers should be afraid of . . . very afraid.
Take my advice; get professional help.