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by BlackFly 2976 days ago
I'm not sure what you are trying to insinuate...

There is plenty of nuance to copyright, such as public forums, public domain, fair use, etc. You have those defenses available to you. However, a person can bring a civil action against you anytime you make a copy of their protected work. The case may or may not be meritorious but already defending against a lawsuit is a penalty. Archival facilities are already exposed to this risk and they actively lobby for protecting their activities as fair use to varying degrees of success.

A person cannot bring civil action against you under the GDPR. They may make a complaint to the data protection authorities who may bring action against you if your use of the data is unlawful. Therefore, there is no way to force a person to have to even face a trial under GDPR. If your use of the data is unlawful, you certainly have no license, so you are not protected less under the GDPR than under copyright law. If your copy counts as fair use, then it will count as being lawful under Article 6.1 (e) and no action can occur under the GDPR.