I write a lot of reviews for films and music videos, but I've been using pics that are not from what I'm reviewing. Like say if I'm reviewing a film, I won't use the poster as a pic, I'll just find some photo on morguefile that somewhat relates to what the movie is about and use that... reason being is because I know that the posters and screen caps are copyrighted by the distributors and such, but yet I see people on hubpages continuing to use them. Hmm...
You could bring up fair use, but then again I don't think fair use counts exactly in this case because we are, in essence, writing "for profit" since we are using adsense, etc.
So is there anyone out there that could clarify this issue?
IMHO, I believe you *can* use the poster and such because...
1) It is publicity material
2) It is appropriate (and using something else really isn't)
3) We are using the material AS INTENDED... to "promote" the whatever
4) Reviews are covered under fair use.
You yourself appear to be knowledgeable about the Fair Use Doctrine, and it follows that you should also know that if you write a critique, a comparison, use the images to demonstrate a technique or to show a sample of a technique then you should also know that it is allowable. However, each court district seems to see the doctrine a little different from other districts. Whether this site is commercial or not it doesn't matter so long as you do not DIRECTLY profit from the images as if you made money if someone clicks on the IMAGE itself. With that said, the Fair Use Doctrine is more of a defense than anything else,your use of images must clearly follow an applicable logical pattern within the article.
There are other caveats associated with the use of images but this topic has been argued to death on this site for quite a while so it would be redundant to list everything again. I hope that this offers some clarity to the issue as there are many others here than do not agree
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