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If an application downloads the album art from the internet provided the user legally owns the music file would this be considered fair use or is this copyright infringement?

what if the application is commercial what if the application is free what if the base application is free, but includes premium features

a lot of applications, especially mobile apps seem to do this, and they don't necesarily get the album artwork from sites like last.fm, which provide licensing for commercial applications and allow free use for non commercial purposes

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