This problem is especially pernicious in–though as the J.K. Rowling/Harry Potter lexicon case demonstrates, not limited to–visual media, where the legal cases involving images and questions of fair use have placed far more limited restrictions on what can be done with images as opposed to, say, text. A scholar of a modern or contemporary poet would likely not even think of requesting permission to reprint an entire poem in a scholarly work (because, of, you know, fair use), whereas in, say, comics studies, it has become standard practice for publishers of comics scholarship to demand that authors get express written permission for each and every image to be reproduced, even though a work of scholarship is an obvious example of fair use.
Ba Zi, 9c. Fair Use and the Translation Stranglehold http://ift.tt/2eDaiVp