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Fair Use: An Oft-Misunderstood Copyright Rule

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Copyright Umbrella

Editors Note: We would like to again welcome Matt Lowe who has kindly written this guest post about the Fair Use of text and pictures for bloggers writing about other artists creations (very relevant to CraftGossip!). A few weeks ago, he wrote about differences between trademark and copyright.

Matt is an in house counsel in Colorado and is the author of the An Etsy Seller’s Guide to Copyright Protection (for sale). Matt is a Graduate of Pepperdine University School of Law and lives in Salt Lake City, UT,  with his wife and 2 toddler boys (and a baby girl on the way).

If you have any questions for Matt, please leave them in the comments.

Let’s say that you operate a successful blog where you highlight the work of artists, craftspeople, and Etsy sellers.  One day, you stumble across an Etsy shop named Parisian Streets that sells astoundingly artsy photos of the Parisian cityscape at dusk.  You are captivated by these photos.  You carefully study each one.  And then you decide, “I’ve got to write about Parisian Streets on my blog!”

But then, in the footer of the Etsy shop, you see the following:

“© Parisian Streets 2011. Please do not copy, reproduce, or use any content without our written permission. Thank you.”

So, can you write about Parisian Streets on your blog?  Can you show the photos on your blog? Where does this leave you?

Technically speaking, the owner of a copyright (Parisian Streets, in this case) is the only person with the right to show, reproduce, copy, sell or use its work.

However, there is an oft-misunderstood copyright rule known as the “Fair Use Doctrine.”  This doctrine allows you (the blog writer) to write about Parisian Streets so long as you do so only in the capacity of comment, criticism, reporting, information, research, or teaching.

In other words, you are not allowed to (i) confuse consumers as to who owns the photos, (ii) copy or display the photos for your own commercial gain, or (iii) create any adverse effect on Parisian Streets.

The distinction between “Fair Use” and infringement is often cloudy.  There is rarely a bright-line test to ensure that you are within the realm of safety.  So, it’s always best to get permission from Parisian Streets before mentioning or posting any copyrighted material.

In my experience, if Parisian Streets is well aware that you intend to highlight their photos in an informational manner, you will get the consent.  If you don’t get permission, then be very sure that your post falls squarely within the “Fair Use” exception, or don’t publish the post at all.

 It’s a very tenuous dance.  Enjoy it.

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Comments

  1. I received a reply from a company regarding a complaint I made to them. Can I post their reply – in quotation – to help others who have the same problem?

  4. I’m still a bit confused…
    A lot of crafters do round-up lists of posts and projects, like “Top 10 Christmas Crafts.” Is it okay to use an image?

    What about CraftGossip- do editors here get permission from every crafter they highlight?

    Or if I do a blog post that is “teaching” (in that it educates my readers) how to do something, can I use someone else’s images if I give credit?

    I’ll check out the Design Sponge post mentioned above, too. Thanks!

Have you read?

LEGO Scavenger Hunt — Fun Indoor Activity for Kids

This time of year (summer where I live) I’m often looking for fun activities that can be done indoors because it’s hot outside.

This LEGO scavenger hunt is a fun idea you can do with a single kid or a group if you have enough clues to divvy them up.

Frugal Fun 4 Boys and Girls shares this idea that is like a treasure hunt for the mini figs. Each clue shows where a mini figure is hiding and kids can collect the figures as they go. You can do this with old figures or buy a set of figures for this purpose. 

You could also just put little constructions or pieces in the areas for kids to find and then have them make something with all the materials they scavenged.

This idea comes with a set of 16 printable cards that are already filled out with clues. It’s meant to be done at home so the places to find are things like the mailbox, bookshelf, washing machine, sock drawer, refrigerator and clock, to name a few. She suggests using eight to 10 clues at a time so if you don’t have all these things in your home (dog leash, for example) you can just skip those.

There aren’t any blank cards in the set but you could of course write your own clues if you want to do this activity in the classroom or throw in some clues that might be more unique to places in your house. You could even add some clues that will be found outside if it’s not too hot.

Check out more on this idea and grab the free printable LEGO scavenger hunt challenge cards at Frugal Fun 4 Boys and Girls.

What’s your favorite indoor activity when it’s just too hot to play outside? I’d love to hear your ideas!

[Photo: Frugal Fun 4 Boys and Girsl]