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Nicole Martinez
July 31, 2020
83 Comments
Copyright
FAIR USE OF COPYRIGHT IMAGES IN YOUR BLOG
Share this!
Today’s artists and creative entrepreneurs use blogging as a necessary tool to
demonstrate thought leadership and capture a dedicated audience and internet
following. For artists and photographers, finding photos aren’t usually a
problem – they’re just using their own. But what about lifestyle, fashion, and
food bloggers, who tend to rely on pop culture images and other media as photo
content on their blogs?
With an abundance of photos available on the internet, the urge to simply Google
a photo and use it on your website is hard to resist. And while it may seem like
everyone’s doing it, that doesn’t make it okay: Those are copyrighted images,
and the owner of the copyright can have several different avenues for recourse
in order to be compensated for your use of the image.
On the other hand, using a copyrighted image doesn’t mean you’re liable to a
photographer or company if your use of the photo fell into certain exceptions
under the Fair Use doctrine. Receiving a demand for compensation from a
copyright owner doesn’t necessarily mean you have to pay up, as we’ve discussed
in our previous article on receiving a Getty Images Demand Letter.
Whether you’re new to blogging or a seasoned internet savant, there are a lot of
gray areas when it comes to fair use on the internet. What’s acceptable use for
photos found on the internet? What are the risks involved with using someone
else’s photos for blogging?
BLOGGER 101: WHAT IS FAIR USE?
In most instances, copyright law says that you cannot copy and distribute
someone else’s copyrighted works without prior permission from the copyright
holder. Permission must be expressly granted through a license and often
involves an exchange of money. The only exception to this rule is the Fair Use
doctrine, which allows you to use copyrighted work for certain purposes.
Just because an image is on Google does not mean it is yours to take!
The fair use doctrine is outlined by U.S. copyright laws, and the U.S. Copyright
Office has even created a Fair Use Index of the overwhelming case law on the
subject. Courts tend to measure fair use by these four prongs:
1. 1. the purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the
copyrighted work.
While these guidelines may seem a little complex, they actually provide a
bright-line rule for adhering to copyright law when posting content on the
internet.
It’s also important to remember that fair use is not met simply by meeting one
of the four criteria. You will need to evaluate and apply all of the factors
outlined in the doctrine because courts will take a balanced approach in
deciding whether your use of a copyrighted image constitutes fair use . Though
it’s not necessary for you to meet every factor, your use of the image will need
to benefit the overall innovating needs of artistic expression and the
dissemination of information in today’s internet culture.
See also
Copyright Registration Certificates Don't include Images, really?
A STEP-BY-STEP GUIDE TO FAIR USE
The purpose and character of the use of the photo you’re using should generally
not be used for commercial purposes and will constitute fair use if you’re using
the image for purposes of commentary, criticism, reporting, or teaching.
Generally, that means you can’t use a photo simply to enhance a blog post or use
a photographer’s image of a blouse in order to sell that blouse on your website.
But you can use it if you want to explain a technique or report on a new trend.
For example, it can be argued that you have used a photo from Milan Fashion Week
in order to report on Del Pozo’s Spring collection and illustrate a particular
runway trend through various images.
Satisfying the ‘nature of the work’ prong of the fair use doctrine is a little
trickier, and most bloggers will want to stay away from publishing any photos on
their site that haven’t already been published elsewhere. But even when they
have been previously published on the internet, courts are reluctant to allow
the use of the photo when it’s highly creative in nature rather than factual.
When it comes to images, this tenet can be hard to quantify – you will need to
show that your use of the photo had an educational or critical purpose for
illustrating a principle similar to the example above.
The amount and substantiality of the portion used of the copyrighted work will
hinge on the overall content contained in your blog. Generally speaking, if all
of your photos are coming from the same source, and you don’t have permission to
use these photos, then you could be facing a pretty serious problem. Courts will
understand if you’ve used a photo or two in a long blog post to illustrate your
points and provide background, but they will not be lenient if it’s clear that
almost none of your content is original.
The one exception to this rule is images you’ve re-blogged or copied on sites
like Tumblr and Pinterest. These websites’ terms of service grant the site the
right to copy and distribute the work and for other subscribers to the site to
do so, as well. That means that if someone has posted an image on Tumblr or
Pinterest, that image is fair game. However, it’s important to make sure that
the original poster was not posting a copyrighted photo that belonged to someone
else without express permission because that would constitute infringement.
See also
Understanding Fair Use with a Dr. Seuss and Star Trek Mashup
Effect of the market is the most complex tenet to overcome because it basically
means that your use of the work cannot affect the work’s potential for sale in
the market. Does your use of the image affect the artist’s potential to sell
that work? What if the artist already sold the work to a newspaper or
publication, and you’re simply re-posting the photo he already profited from?
Should artists be compensated again and again every time their image is used? In
these instances, it’s hard to show that your use of a copyrighted image doesn’t
infringe on the copyright owner’s ability to earn money from this work. There is
one exception, though, in the form of a landmark ruling of Perfect 10 v. Google
. In the opinion of the 9th Circuit, Google’s indexing of images on the internet
and reducing them to thumbnail size represented a transformative work that
represented fair use. So while copying an image in its entirety may not be okay
under the potential market tenet of the Fair Use doctrine, the use of thumbnail
images on your blog is probably okay.
WHAT CAN BLOGGERS DO TO SATISFY FAIR USE?
Now that you know the rules, it’s important to stick to these guidelines in
order to satisfy fair use and stay out of trouble. First and foremost, you
should always give credit to the artist or owner of the image. This includes the
creator’s name, as well as other information that will help people find the
original work or source. And should the artist contact you and ask you to take
the image down, do so promptly and apologetically. While your use of the image
may constitute fair use, you’re still infringing on an artist’s copyright, and
it’s better to remove the photo than become embroiled in litigation.
In addition, be sure that the majority of the content on your blog and within
your posts are original or licensed works. If your blog were to come under
scrutiny and it is shown that the majority of your images have been used without
express permission, you may have a harder time proving fair use.
Finally, the easiest way to stay in the clear when it comes to using images on
your blog is to purchase your photos. Websites like Flickr’s Creative Commons ,
iStock Photo , and Deviant Art offer licensed images at a very low cost and in
some instances, free of charge. In the case of Creative Commons, these photos
are still copyrighted, but there are certain restrictions on the way you use
them.
> Still not sure whether your use of images constitutes fair use? We’re happy to
> answer any lingering questions, so leave your comments and questions below.
> Happy blogging!
Tags Copyright infringement Fair use Licensing
ABOUT THE AUTHOR
View All Posts
NICOLE MARTINEZ
Nicole is a veteran arts and culture journalist. Her work has appeared in
Reuters, VICE, Hyperallergic, Univision, and more.
83 COMMENTS
Click here to post a comment
* Jorge Beltran says:
November 20, 2015 at 5:41 pm
I have a question regarding fair use of images on videos (youtube videos
mainly). Is it okay to use copyrighted images while talking over them? For
example, talking about how a game developer went to the zoo and saw the
gorilas movements to make a video game character (and using the picture of a
gorila), or using images from deviant art artists that show a character, and
talking about that character or a story that concerns him?
Would that be fair use?
Thank you!
* Riora Kerr says:
February 21, 2017 at 10:45 pm
From what I understand, the Deviant Art images would be fine, since you’re
using them to comment on them: It constitutes criticism and education. As
for You Tube videos, I have no idea, but that’s a really good question!
* Edith says:
April 16, 2017 at 8:50 am
hi, I review movies on my blog and usually use a poster and a few shots from
the movie to accompany the review. sometimes I add fun commentary to the
picture – I usually use what I find on line and I always cite the source. my
blog is non profit and I rarely use images from one source. I would presume
this would consitute fiar use – whar do you think?
* Nicole Martinez says:
July 31, 2017 at 10:30 am
Hi Edith, it is likely considered fair use, but I would be weary and comply
with any take-down notices issued.
* Harika says:
April 26, 2017 at 8:25 pm
Thanks for all the helpful info! But wondering… I’m planning on writing a
baking blog that involves me creating everything in this 1 particular cook
book …Serving as a kind of review of the recipes and my process of going
through them. Am I breaking any copywriting rules if I have images from
inside of the book of a completed recipe alongside what I cooked as
comparison if I’m naming the book and authors throughout? Can I recommend
readers to buy it on Amazon? Should I inform publishers of the book of this??
Thanks for all the help!!
* Nicole Martinez says:
May 5, 2017 at 10:03 am
Hi Harika, you can’t use the images from the cookbook in your blog posts
without express permission from the authors. You can certainly take photos
of your cooking, though! Hope that helps.
* L says:
July 25, 2017 at 9:23 pm
I’m wondering about using images from a specific venue of their venue in
a blog post that reviews the venue. IE: I am reviewing the ice cream shop
down the street, can I pull pictures from their website to use in the
blog post that describes what the venue looks like?
* John Vincent says:
June 29, 2017 at 11:26 pm
Hi! Good Day. I have this new blog for our course requirement. I’m
putting/copying images from different websites to illustrate some people of
the past because we are studying about history, life and works of a
specific person. Moreover, I am describing that picture and giving
information to that particular images. Am I breaking some copyright rules
or do i need to put the sources or references at the end of a blog post?
* Nicole Martinez says:
July 31, 2017 at 10:22 am
Hi John, as a best practice, you should always cite to your source.
Depending on how old these images are, where they’re coming from, etc.,
you may be violating some copyright requirements.
* Jess says:
May 1, 2017 at 6:14 pm
I am starting a television review blog, is it ok to use photos I find online
to break up the text in my blog posts? I fully intend to credit the site I
borrow photos from for this purpose. If this is not allowed, could I take my
own photos of my TV and use those? Or would that be infringement because the
content (tv program) displayed in the photo does not belong to me?
Thank you!
* Ruth says:
June 8, 2017 at 11:32 am
Hi, writing a decorating blog and want to highlight products on store or
product websites – lamps, flooring products, etc. Can I use the photos from
the product websites and link to that website so people can purchase or read
about the product on the seller’s website (also attribute in the caption)? Is
that considered ok?
* ncsrikar says:
June 9, 2017 at 1:35 pm
I blog about phones and their reviews, I take product photos from the
respective websites and put them in my review, am infringing copyright? I
have affiliate account so some pictures are taken from Amazon and other
affiliated online markets.
* Minji says:
June 11, 2017 at 1:50 am
What about book blogs, can you show the covers of books if you take a photo
of the book yourself?
* Nicole Martinez says:
July 28, 2017 at 12:57 pm
Hi Minji, book covers are copyrightable, and the copyright assigned to them
may not even belong to the publisher. In practice, of course, is another
story. If you’re in the practice of doing this regularly, and haven;t
received a take down notice, then you might be in the clear.
* Ouka says:
June 20, 2017 at 4:22 pm
Hello Dear Nicole, I really appreciate your nice posts
I have a simple query please, at the meantime i run a blogger which is mainly
focused on posting some info and stuff about various companies, so is it fair
to use their logos and include them into my posts and surely all of these
logos are linked to the holders .. i mean the owners of these logos?
* Nicole Martinez says:
July 31, 2017 at 10:28 am
Hi Ouka, logos are a bit tricky because generally speaking, the owner of
the copyright has assigned that ownership to the company they designed it
for under a work-for-hire agreement. In addition, its unlikely that a logo
would be copyrightable under current copyright law, so it’s probably okay
to continue using them.
* Tamara Reed says:
July 3, 2017 at 8:28 am
What about the usage of photos/videos from the celebrities Instagram/twitter
accounts? Are those pics that can be used on my blog if reporting a story
pertaining to the post?
* Nicole Martinez says:
July 31, 2017 at 10:21 am
Hi Tamara, Instagram and Twitter’s Terms of Services specifically allow for
users to repost the content found, so you are likely in the clear on this
one. However, I’d urge you to consider that celebrities have much deeper
coffers than the average blogger, and a take-down notice or demand for the
use of their images can always arise.
* Navit says:
July 3, 2017 at 8:55 am
Hi,
I want to use food images posted on yelp and curate them into articles to
help people discover good food. I plan to use thumbnails and link the image
back to yelp but most of the images would be from yelp. I am linking back,
not affecting revenues, copying partially, using work for commentary and
public awareness. Should i do it..?
* Nicole Martinez says:
July 28, 2017 at 12:55 pm
While generally thumbnails are considered fair use, this is very murky
territory, especially considering Yelp’s deep pockets. I would proceed with
caution, and if you’re issued a take down notice, comply immediately.
* Evan Guthrie says:
July 15, 2017 at 9:55 pm
Very helpful information. Thanks.
* Ryan Manuel Ferido says:
July 17, 2017 at 1:17 am
Hi. I recently wrote an article about 5 photographers who has personally
influenced me. I want to include some of their works to critic it and
generally explain why I like the photographer. Will that be qualified for
fair use? I couldn’t publish it on my blog yet because I’m not sure if it
would be legal.
Hope to hear from you. Thanks.
* Nicole Martinez says:
July 28, 2017 at 12:49 pm
Hi Ryan, since you’re highlighting their work because you think it’s great,
why not reach out to them and ask for permission to use the work?
* Digvijay Singh says:
July 20, 2017 at 1:02 am
Can we use shuterstock images on our blog by giving credits to owner.
* Nicole Martinez says:
July 28, 2017 at 12:47 pm
You usually have to pay for Shutterstock images, as they are stock images.
You can use those images without giving credit to the owner.
* Nirjon says:
July 24, 2017 at 10:58 am
Hey, I was wondering if I write an article on a particular gadget can I use
the photos from the manufacturer without committing any infringement as many
tech blogs uses product images
* Nicole Martinez says:
July 28, 2017 at 12:41 pm
Hi Nirjon, it all depends on how much of your article contains images of
these products. Generally speaking, I would always seek permission from the
manufacturer.
* Tonia says:
August 8, 2017 at 1:08 pm
Hi Nicole, I write a blog for our condo that we rent out to vacationers about
things to do , upcoming events, etc.. this weeks blog is about the upcoming
Pepsi Gulf Coast Jam and need a picture of the concert festival. Was curious
if I can use pictures I see from past Gulf Coast Jam festivals?
* Nicole Martinez says:
August 9, 2017 at 12:16 pm
Hi Tonia, the best thing to do is source Flickr for those images. When
searching for photos, make sure you choose “Commercial Use Allowed.” These
photos can be posted to your blog as long as you attribute the photo to the
creator – just use the name attached to their Flickr account. Hope this
helps!
* Bradetta says:
August 13, 2017 at 4:58 pm
Hi Nicole, My blog (FB page, Twitter and Instagram) will talk a lot about one
specific television show ( The Great British Bake Off ). May I use images of
the contestants from their website or images from the TV show on my blog?
Thank you!
* Nicole Martinez says:
August 27, 2017 at 4:45 pm
Hi Bradetta, you’ll need permission if you wish to do so.
* Dominique Divito says:
August 17, 2017 at 6:07 pm
Hi Nicole- I am starting a blog and it will focus on my fashion and my dog.
My dog’s name is Luke Skywalker. Am I infringing on any copyright or
trademark laws by referring to him by this name? I also plan on doing my hair
like Princess Liea for a photo shoot and posting it on the blog.
Additionally, do I have to give credit to the clothing brands in my photos
(taken by me)? What are the rules here?
* Nicole Martinez says:
August 27, 2017 at 4:43 pm
Hi Dominique, images taken by you are your intellectual property. The same
is the case with the way you style your hair, or name your dog. You can
certainly link to the brands you’re wearing, but its not required.
* Amy says:
September 2, 2017 at 8:49 pm
I run a non-profit website analyzing art. I’ve mostly done old masters, but
there are some contemporary artists whose work I’d like to highlight. Can I
use images of their paintings? Thanks!
* Nicole Martinez says:
September 11, 2017 at 1:34 pm
Hi Amy, if you take those images in person or can find a royalty-free image
online, then yes. Otherwise, you’ll need to get permission from the artist.
Hope that helps!
* Vanessa says:
March 22, 2018 at 5:43 pm
Hi Nichole!
You might have covered base on this but just to clarify,
If I have a realtor website and wanted to post a picture of a scenery
would I be able to do so using Flickr or Pixabay?
* tachira Wiltshire says:
September 13, 2017 at 10:03 pm
Hi there . Can I use images of quotations . Someone said I have to repurpose
them with my own logo etc but that just sounds like stealing to me .As we all
just add quotes etc to ig and fb doesnt the same principle apply
* Blake says:
September 22, 2017 at 6:44 pm
Thanks for the info!
I do SEO for a car dealership and I write blog posts on automotive news but
don’t have the time to take my own photos. The blog is simply to provide a
stream of content to the website to help SEO and my posts are original and
aren’t used to sell anything. If I use a picture from another article (i.e.
NY Times, Autonews, Motor Trend etc.) am I liable for copyright?
Any help would be great!
* Mercelina says:
September 27, 2017 at 1:22 pm
I’ve been thinking of doing a TV shows/movies blog. Sort of a “Shows to
Binge” kind of blog, with added reviews. There’s no profit involved, more
just to get underrated shows/movies known. Since it’ll be about pre-existing
media, and I’d like to use a picture of the show or movie I’m talking about.
Would that be considered a copyright issue?
* Alejandro says:
September 27, 2017 at 8:03 pm
Hi Nicole,
I am planning on starting a video game review website. The blog posts in
which I would use the developers content (images, banners) will be written
for non-profit purposes. However, there will be some posts that will be made
to make a profit, but in these blog posts (profit posts) I will not use
developer images. I will buy these images from photo selling websites. Is it
still illegal to use the developers content for the reviews I will not make a
profit for, or will they fall under fair use?
Thanks for the help!
* Don says:
October 3, 2017 at 3:20 pm
Hi Nicole,
Can a website forum copyright images that posters use in the threads to them
so someone cannot reuse the images ? In other words if the original
photographer isn’t crediting themselves can a third party then take credit
and not let people use the image further
Thanks
* Vanessa says:
October 12, 2017 at 10:27 am
Hi,
I have a humoristic blog and want to write a post on silly images of pregnant
women. This will show 10 or so pictures, with watermark often still on it,
taken from Google image in low quality. When used in this satirical way, is
that a problem?
Thanks
* Con says:
October 16, 2017 at 5:50 pm
Hi Nicole
I am starting a “shop the look” style blog where I have pictures of
celebrites (usually paparazzi) and then links where they can buy the same
style of clothes, would this be allowed? My pictures are from various
sources.
Thanks.
* David Hlavac says:
October 17, 2017 at 1:54 pm
I’m writing for a nonprofit blog and want to use an image (a historic
photograph) that has been posted on numerous blogs and websites without
credit. I sourced the image to a newspaper, but cannot find a copyright
statement in that particular paper for the time period in question
(mid-1960s). Is it permissible to use this photo, and do I still give credit
to the source even though there is no copyright statement? Thanks!
* Jessica Hanson says:
October 26, 2017 at 11:15 pm
Hey Nicole!
I recently posted a blog post about monkeys- I wanted to learn about all the
different species of monkeys and share this information and lots of lovely
photos about monkeys with other people. I took all of my images off of
Google…since the blog post is just for fun and educational to teach myself
and others about monkeys, what aspects of the fair use would not be valid?
It’s just a recreational blog so I’m not sure what the legality is with that!
Thank you:)
* Katie says:
October 30, 2017 at 12:54 am
Hello!
I was wondering if I could use a photo from a movie, particularly from
Christmas Vacation…I have a blog about PTSD. All of my photos are mine or are
royalty free. My next post has to do with tips and ideas for avoiding family
during the holidays. I’d love your advice since most photos are all over the
internet! Thank you!
* James says:
November 3, 2017 at 7:00 am
I run a news publishing website, rather like The Lad Bible, a lot of my
content are local newspapers, sports etc, i have an rss feed set up that
takes articles from one site and posts them on mine, i have a bit
notification saying nothing belongs to me, no images, i never wrote no
content, i have also minimised the amount of characters from the original
story with a link saying “READ MORE” which takes you back to the original
publishers site.Is this infringement?
Also if i am to write my own articles, i would find a news report, re-write
everything on it however still use the originals news reports imagery but
under each image i’d cite it back to the original photographer.
* Ash says:
November 7, 2017 at 11:49 am
HI Nicole! I am just starting a blog on hair and I did want to use images for
my posts. I do not want to get into trouble, but I do not have images of my
own with the hair trends I want to inform about.
Also, I can defintely make references to certain comments made by celebrities
right?
* Minista says:
November 11, 2017 at 9:00 pm
Great day,
I have newspaper photos of myself playing high school football. I wrote a
blog post about my football experiences. In addition to the newspaper photos,
i have some of my own. Am i within fair use. I credited the paper, and
photographer. Thank you much!
* Asen says:
December 1, 2017 at 10:02 am
Hi There,
I have a movie webiste in which I review action movies and write genre
related news and facts.
As you can presume in order to make my content better I have to use movie
posters, movie stills and images of celebrities.
Of course, I don’t want to pay for that= if possible.
What would you advise me to do and can I use already distributed images on
other websites if I link to them?
Thank you!
* Brianna says:
December 2, 2017 at 4:23 pm
Thank you so much for this post!!! It has answered almost all of my questions
but I still have one left. If I were to do a post on my blog about how to
dress like a certain celebrity, could I use a picture of the celebrity
wearing the outfit(s) I’m going to re-create?
* Rushikesh says:
December 8, 2017 at 2:48 am
Hey, I am a Blogger and I’ve just started blogging & like to write on
Smartphones, Gadgets and other stuffs. Only doubt i have is that whether i
can use pictures or videos from these all websites and put it in my blog. Can
i do this???
Even if we download pictures from these websites but if we edit them and
publish will it be correct to do so??
Or do we have to specify the image source?
Please Reply asap Because I am waiting eagerly to publish my blog.
* Aaron says:
December 11, 2017 at 3:05 pm
Thanks for the post! I’m working with a non-profit to create “dabs”, or
30-60s videos covering a recent news event with a little political commentary
added. They’ll be similar to the Now This or AJ+ format, using a combination
of video & still photography from various news sources. These are intended to
educate the public on a variety of issues, as well as advance our
organization’s political critique. I’d like to be able to use images from
Getty, Reuters, and AP, without having to pay, under Fair Use law. I’d like
to know if you think what we want to do will qualify as fair use. Thanks!
* ady says:
December 14, 2017 at 6:10 am
hey nicole,
I have just now started writing blogs on self improvement kind of stuff like
confidence,leadership and all that. For that purpose i use images that have
quotes most of the time. Is it illegal?
* Bell says:
December 27, 2017 at 7:47 pm
I’m making a blog with the pictures I’ve taken on my travels. I went to
several museums including art ones, and took pictures of the exhibits there.
I don’t know if I can use pictures I took of someone else’s art and put it on
my blog; it’s more of a portfolio for college.
* Ufuoma says:
December 29, 2017 at 11:42 am
Hi Nicole, thanks for the educative writeup. Will it be a copyright violation
to screenshot a photo and use it?
* Hazel says:
January 1, 2018 at 8:23 am
Hi Nicole
I’ve been copying and pasting e main image and content of articles from
websites that allow for FB and Twitter, etc sharing, on my blog posts. Is
this ok?
Thanks!
* Ann says:
January 11, 2018 at 2:49 pm
Hi Nicole! I’ve recently found these reports by patternbank. I’m wondering if
it’s legal to use runway photos in this case (commercial use I supposed
because these reports are for sale). Thank you!
https://patternbank.com/trend-reports
* Bradley says:
February 6, 2018 at 9:59 am
Hi, I would like to do an video, and insert some super hero images in my
video when I mentioned their character for a short session. Let’s say
superman. Am I getting myself into any trouble? Thanks.
* Steve Schlackman says:
October 10, 2018 at 10:36 pm
You probably need a license for that unless it is a fine art installation
where there may be exceptions, but that is only OK is very specific
circumstances.
* Alanna J Henderson says:
February 9, 2018 at 4:47 pm
I have taken photos of art and sculpture at a recently opened London
exhibition where photos are permitted.
Can I use these on my blog?
Alanna
* Steve Schlackman says:
October 10, 2018 at 10:34 pm
If you are using them within the bounds of what is expected, then it’s OK.
But taking personal photos may not extend to a commercial purpose such as a
blog. It depends on the terms of service from the museum. It may also
depend on how you are using them and the content of the images themselves
as well as the specific works you are posting. Also whether you are selling
them can play a role as well. Sorry I can’t be more specific
* Lisa says:
February 17, 2018 at 1:56 am
Hey there! I am starting a blog on creating foods from my favorite books and
movies. Is it legal to use word’s like Harry Potter’s Butterbeer or Lord of
the Rings Stew as recipe titles? I know a lot of people do but I want to know
if it’s legal. Eventually I hope the blog will make money and I don’t know if
that plays any role in this. Thanks!
* Steve Schlackman says:
October 10, 2018 at 10:30 pm
Short phrases are generally not copyrightable but of course, it always
depends on the context.
* Emir says:
March 4, 2018 at 9:11 pm
I want to make a summary of a japanese visual novel: Little Busters!
I obviously want to use images from the visual novel for the summary. Is that
fair use?
* Rushaid says:
March 18, 2018 at 6:49 am
Hi
What If I am writing a blog on Bill Gates. Where would I get a photo of Bill
Gates to use on my blog ?
(Blog is for commercial purpose – Google Adsense)
* Keith says:
March 19, 2018 at 4:41 am
What is the law about taking screen shots of Google searches / Twitter and
similar to illustrate points made within a blog?
* Steve Schlackman says:
October 10, 2018 at 10:27 pm
It really depends on what you are grabbing. A google image search probably
is Ok since the thumbnails are already considered fair use but it generally
needs to be the page, not single images. Other screenshots really depend on
what you are grabbing and what the article is about. And, whether it falls
within the commentary or review exception under copyright law.
* Nik says:
March 21, 2018 at 1:31 pm
Hi, I’m soon starting a site more like Imdb. To provide information about
celebrities, movies and tv-series and song albums. Can I use their respective
images? I’ll just be providing information about it, no review and selling
stuff. Though I’ll be earning from ads on the website.
* Steve Schlackman says:
October 10, 2018 at 10:24 pm
You would need permission from the photographer and or the celebrity unless
there are public domain images of the celebrity. That usually happens when
someone is not professionally shooting and donates the image to the public,
like on Wikipedia. But stage shoots and album covers etc are all copyright
protected.
* Sindy says:
March 24, 2018 at 12:53 pm
I have a question about posting a video on a blog I’m working on, it’s about
cruelty-free products.i would like to know if I’m allowed to post a video
that’s on Netflix “the human experiement” it talks about how chemicals in our
household products affect our health. I think the video would be perfect to
put on my blog to show people why they should choose cruelty- free products
* kelsea says:
March 28, 2018 at 1:32 pm
Hi there.
I run a blog for my company. We post about diabetes-friendly recipes, for
example, a compilation of diabetes-friendly desserts from food bloggers I
find. Would it be ok to use images from other people’s blog’s of their food
if I’m saying about the photo “check out this yummy dessert,” and “dessert”
is linked to the blog’s recipe I’m talking about? Would it help to write the
original poster’s website directly onto the photo?
* Steve Schlackman says:
October 10, 2018 at 10:18 pm
You cannot use their images without permission. Attribution doesn’t matter.
But giving atribution and links back to the site may be something they want
so it doesnt hurt to ask.
* Aaron says:
September 6, 2018 at 2:48 pm
Hey Nicole. I am starting a movie blog and I was wanting to know if it was
okay to use images that was associated with the movie from off the internet.
I am going to use the images so that viewers would know what the movies looks
like when I am describing it.
* Steve Schlackman says:
October 10, 2018 at 8:00 pm
Generally, you can do this under the commentary and review copyright
exception. I would use images, however, that came for the film company such
as from their website as opposed to someone who may have grabbed a
screenshot or something like that. You might want to look at some of the
articles on fair use here, just to make sure you are knowledgeable on the
exception and how it works.
* Alex Williams says:
September 18, 2018 at 5:05 pm
I blog for fun but I used a image off google images. Now I’m getting sued. I
tok the image down immediately of course but they are asking for $5,000
claiming I have hindered the artist livelihood. Any sugestions?
* Steve Schlackman says:
October 10, 2018 at 7:46 pm
take a look at this article.
https://artrepreneur.com/journal/respond-getty-images-demand-letter/
* Elizabeth Mueller says:
October 9, 2018 at 8:10 pm
A great place for royalty-free for images is Unsplash.com. It contains
thousands of beautiful images by wonderful photographers who willingly share
their work.
* rainydays says:
October 9, 2018 at 10:25 pm
hi, i started a blog and my first topic is to share my favorite gift ideas
for 2018. i want to include a link of the items I am recommending with a
photo from the original source. would there be any issues?
* Steve Schlackman says:
October 10, 2018 at 7:39 pm
Interesting question. Generally, you aren’t supposed to use other people’s
images without permission. However, there is a commentary and review
exception under fair use that does allow for this. That doesn’t mean that
just grabbing someone’s image will be ok. The photographer may take issue
with the use, in which case you would have to prove your usage falls within
the exception.
So, it is much better if you use images provided by the company on their
website and not someone else’s images. And they should be directed only to
the review. So if you are reviewing more than one item in the same article,
then the featured image at the top of the blog article may not fall under
the same rule as one attached to the section that has the review. For that,
you can find many stock photo sites with $1 images that would suit your
purpose, while getting the rest from the company websites.
* Allison says:
October 23, 2018 at 2:20 pm
Hello, I am in the planning phase of a blog in which I would take photos from
a popular TV show’s website, and research look-alike products. In other
words, I would post links (affiliate links) to products that look like the
ones featured on the show. If I link back to the TV show’s website, and post
all of the proper copyright documentation, is that allowed?
* Steve Schlackman says:
October 25, 2018 at 2:27 pm
Attribution has nothing to do with copyright. If you use an image without
permission, it is an infringement. There are exceptions, of course, like
being able to review products and provide critiques. In general though, I
would try to choose those images form the company website, rather than from
the web in general. That exception won’t necessarily apply to an
individual’s photos. So if you are critiquing and making a comparison, then
its likely fair use. Of course, every case is different, there are always
shades of grey, so its hard to be definitive.
Just get yourself educated on the critique exception in copyright. There
are some articles on this site and some pamphlets that can be downloaded
from the copyright office as well.
* gale says:
May 13, 2019 at 12:51 pm
Hello and thanks for a great article! I’m a photography teacher who uses fine
art photographs in my lectures. The lectures are in the context of a
classroom and sometimes for the general public in various venues. I’m
video-taped during the talks and people have asked me to post these lectures
onto a website (which will be for photography education). Would this fall
under “Fair Use?” During the lectures, a viewer would clearly see famous
photographer’s images behind me on a screen. Thanks in advance for your
guidance.
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