Might the principle of estoppel be applied to the use of images made for teaching from copyrighted published sources when this practice has not been challenged for more than 60 years in the U.S.?
Estoppel usually works where there is some affirmative action or promise not to take action, and even where there has been a prolonged failure to take action. But there are a number of things that can change that might put one on notice that “the deal is off.” As the facts underlying the “agreement” change (by agreement, I mean the course of action that seems to reflect a tacit agreement that some behavior that is otherwise unacceptable is actually ok), either one side or the other may become unhappy with the status quo. So long as there are warnings, not necessarily explicit ones, that what once was permissible is no longer so, then “from this point forward” reliance on the old deal becomes less and less reasonable. First the photocopier and now the electronic environment are examples of changes that have had the effect of upsetting implied copyright infringement deals. If significant facts change, and everyone knows it, and there are even explicit warnings (for example, high profile
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