When copyright law and the First Amendment come into conflict, the First Amendment must win. The fair use doctrine—the idea that there are certain ways that you can use a piece of copyrighted work regardless of whether you have the rightsholder’s permission—was written into copyright law to help ensure that copyright holders’ wishes are never elevated above free speech. As such, it’s been an essential tool for defending a free press: without fair use protections, people and companies in the public eye could use copyright law to ban coverage that’s critical of them.
It’s alarming, then, to see an association that represents news companies asking Congress to change the law and weaken fair use. https://www.eff.org/deeplinks/2016/12/fair-use-essential-free-press