Timothy Sandefur calls Casey Luskin out on copyright law at the Panda's Thumb. Casey Luskin is initially (and superficially) right: His photograph is copyrighted. Even his cease and desist letter is copyrighted!
The real question is whether its use here constitutes "fair use."
Here is a good short description of the fair use doctrine. Although the fair use doctrine isn't susceptible to a bright line test, and there can be close cases, this isn't one of them. Timothy Sandefur's Panda's Thumb/Freespace post explains why.
The comments, though, at Panda's Thumb drift into an effort to divine of the flavor of Casey Luskin's creationism.
I think this is easy. Casey Luskin, who is quick to protect his visual image can also act to protect his ID credentials if he so desires. He can simply explain why he rejects young earth creationism. He has not taken the opportunity to do so. On the contrary he has embraced young earth creationists. For all practical purposes, he is one.
Let's look at facts. He works for the Discovery Institute, an organization dedicated to the overthrow of good science. Compatible with Young Earth Creationism? Yes.
Are there any prominent DI Fellows that are YEC? Yes again, Paul Nelson and Nancey Pearcey to name at least two.
Has the Discovery Institute itself taken a position regarding YEC? Nope, it explicitly dodges the question.
Does Casey Luskin rely on the support of young earth creationists for his position? Repeatedly.
Casey Luskin repeatedly includes young earth creationist in his calculations of the number of people who reject evolution and explicitly argues that such doubts are reasonable. When you repeatedly include the YEC creationists as evidence of reasonable doubts about evolution, you are, for all practical purposes, a Young Earth Creationist. Lie down with dogs, get up with fleas.
He calls Young earth creationism merely "controversial," not "wrong" or scientifically incorrect. In particular, he criticizes Swiss authorities for not taking a "middle ground." What is the middle ground between a falshehood (YEC) and science? OK, should YEC be any part at all of the "teach the controversy" scheme advocated by the DI. Or can we once and for all declare YEC to be "off the table?" If the Discovery Institute did that, its credibility would increase and it would fare a lot better in the legal system. But I predict neither Casey nor the DI will categorically reject YEC as an alternative to evolution.
To recap, Casey Luskin is the public relations director for an organization with several Young Earth creationist supporters and which refuses to distance itself from those supporters. When given the opportunity in his own writings he fails to address the scientific error of young earth creationism. The evidence supports an inference that Casey Luskinis a young earth creationist.
But he can always clarify matters for us by answering a few questions:
Give or take 1 billion years, Casey, how old is the earth?
How do you interpret Genesis, Casey? Inerrant and scientifically accurate, or mostly allegorical and not intended as a scientific discourse on biology?