Fair use law
Get Legal Help Today
Secured with SHA-256 Encryption
Fair use law
I was giving a online critique of a photographer who was using live animals in her photos and she threatened me with a lawyer and a cease and desist. In accordance to fair law I was not breaking any of the copyright infringement laws and was wondering if she could actually do anything at all? Fair use allows me to use her photos as long as I don’t sell them, remove her watermarks or alter the photos in anyway, which I did not do. Can you help me out please?
Asked on March 19, 2019 under Business Law, Wisconsin
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
Fair use is more limited than that. Two particularl limitations:
1) It's not just whether or not you sell the photos as is: if you use the material commercially--i.e. to make a profit from in some way, such as if you make money from ads or sponsors or subscriptions--that weighs against this being fair use. Fair use is preferably nonprofit or educational use.
2) Generally, for fair use, you only use a relatively small portion of the material. If you showed, for example, a large portion of her photographs about animals, that argues against fair use.
So while what you did may be fair use, it's not as cut and dried as you indicate: based on the above, it also might not be fair use.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.