[zencycler]

This was done in public, with many other people both watching and taking pictures.

For example, the exact same expression can be found at about the 1:19 mark on this video:

http://www.youtube.com/watch?v=4UskHmQ5DHw

So even putting aside any other defenses (fair use, etc)., The AP's copyright cannot extend to any use of that particular pose, since that pose was also used by multiple other sources at event was being captured by many other media sources on film and video.

Therefore, the ONLY thing that can be protected by the use of that copyright is that EXACT picture!

[Uncle Chip]

Thanks for pointing that out — at 1:19 here:

http://www.youtube.com/watch?v=4UskHmQ5DHw

The AP is not the only source for that image.

I would say that it is burned into a lot of people’s memories.