Online Images and Fair Use


Whenever you create original content—whether it’s photographs, writing, art, or some other form—that content is automatically copyrighted by you and protected under the Fair Use law. It doesn’t matter if you’ve published your work or not. It’s automatic and doesn’t require special action by you to initiate; however you do have to register if you’re planning on enforcing the rights of the copyright.

Authors who copyright their work get four big perks, or “exclusive rights.” First, they can reproduce the work as much as they please. Second, they have the right to display the work publicly. Third, they have the right to prepare derivative works based on the copyrighted work. Lastly, they can distribute copies of the work to the public by sale, rental, or lending, and/or to display the image.

And in a world where we’re becoming increasingly technologically based, images are used frequently. They add beauty to a website, catch people’s eyes, illustrate a point, and more. Finding the perfect picture to pair with your blog post can make all the difference. But when you’re not a photographer, it’s important that you borrow images correctly.

What does that mean, exactly? Basically, you need to gain express authorization from the owner of the photo. The only significant exception is to use stock photo services, creative commons licenses, or public domain image repositories.

Fair use is used as a sort of balance between the rights of the copyright owner and the public, which means that sometimes there are exceptions made. It is used to allow for limited and reasonable uses of the work so long as it doesn’t interfere with the owners’ right to do what they want with it.

There are four factors the courts use to determine fair use:

1.     How the work is being used. Use for criticism, comment, reporting, teaching, scholarship, research, or other non-profit purposes generally doesn’t infringe on copyright.
2.     The nature of the copyrighted work
3.     The amount and sustainability of the portion used in relation to the copyrighted work as a whole
4.     The effect of the use upon the potential market for or value of the copyrighted work

Keep these in mind when thinking about whether or not to use a photo that isn’t yours. And remember, attributing the owner doesn’t mean you’re not infringing on copyright (unless the owner has specified as much). If you’re not sure whether you can use an image, the best policy is not to use it without permission. You could wind up having your site being shut down, receiving a “cease and desist” notice, or getting slammed with a fine.

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