The awkward copyright collision of Fair Use and Creative Commons

But Fair Use is an exemption from copyright enforcement- it is not a transfer of rights. There is no conceivable reading of Fair Use that allows an image user to then broker permissions for other users. Journal X cannot license my work away from me without my say so. They do not have standing to apply a CC license to my work.

The solution should be easy enough. Journal X could exempt contributed images from their blanket CC-license, and they should ensure the images are not atomized and separated from the rest of the paper. The Fair Use of images depends on their context within the publication, anyway.

http://blogs.scientificamerican.com/compound-eye/2014/01/19/the-awkward-copyright-collision-of-fair-use-and-creative-commons/