Fair use ?

[clupica]

Several times I have criticized people for displaying an image and asking, "how was this done? " In this current thread, http://www.photoforum.com/index.php?showtopic=60252, Steve makes a similar note.

It would appear that this is a "violation" of PhotoForum rules but isn't this fair use from a copyright point-of-view? Aren't you allowed by law to use a photo when the purpose of the use is to discuss the photo?

Charles

[Grandpa]

Probably so, Charles.

But there are other forum "rules" that don't necessarily line up with copyright infringement. Some may seem arbitrary, but then again, I feel that way about many of our society's "rules" as well.

[RoverDriver]

Probably so, Charles.

But there are other forum "rules" that don't necessarily line up with copyright infringement. Some may seem arbitrary, but then again, I feel that way about many of our society's "rules" as well.

Since I'm new to the forum, can I ask if it would be against forum policies if I include a link to a picture that I have questions about?
What if the link is to a picture posted on the forum?

Paolo

[DSRay]

It would appear that this is a "violation" of PhotoForum rules but isn't this fair use from a copyright point-of-view? Aren't you allowed by law to use a photo when the purpose of the use is to discuss the photo?

Charles

I know that you are allowed to use short passages of text in order to review a book, but that isn't the totality of the work. I will have to research this but I can tell you if anyone were to use my photo in a book for whatever reason without my permission I would take (or try to take) legal action. I might not be so knee jerk if it were used in a not for profit use but would certainly ask for the image's removal. I'll check back with the results of my research. Good question Charles.

[Grandpa]

Probably so, Charles.

But there are other forum "rules" that don't necessarily line up with copyright infringement. Some may seem arbitrary, but then again, I feel that way about many of our society's "rules" as well.

Since I'm new to the forum, can I ask if it would be against forum policies if I include a link to a picture that I have questions about?
What if the link is to a picture posted on the forum?

Paolo

Paolo, what you suggest is the generally accepted way of doing this.

[DSRay]

Here's the result of a search.

From the copyright office: Fair Use

[Cygnus Studios]

Also keep in mind that the fair use clause is only good when you can "afford" to defend it.

If you will note in the link provided:

#2
The nature of the copyrighted work

#4
The effect of the use upon the potential market for, or value of, the copyrighted work

Commercial photographers are incredibly defensive when it comes to our copyrights. A lot of extra work is put into getting those catalog shots, and that is what keeps most people out of this field.

I can tell you that personally, I will sick my attorney on someone in a New York minute. If someone wants to claim "fair use", they will be doing it in a courtroom. Luckily I live in the bizarro world where the 9th circuit court is the most limiting when it comes to fair use. (one of the few good things that come out of this court).

I have no issue with someone posting a link to others work, but snatching it off the internet gets me stirred up.