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Re:Did I Just Give My Permission? The Hashtag as Consent by digisth on Sunday October 11, 2015 @12:23AM (#10368049)
Joy Butler, an IP lawyer, seems to think that they would be covered by fair use:

http://www.guidethroughthelegaljungleblog.com/2014/07/copyri...

Hasn't been tested in court, though.

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